Long Island Juvenile Crime Lawyer Protecting the Rights of Minor Defendants in Nassau
Anyone can face consequences for committing crimes on Long Island—even minors who are under the age of 18. In New York, children who are seven years of age or older can be brought to court for committing a crime.
If you or your child has been accused of committing a juvenile crime, it’s important to understand what to expect. The way that the case is handled—and the penalties they could face—will depend on how the minor is categorized by the state. There are several different categories that a minor may fall under, including:
- Juvenile Delinquents
- Juvenile Offenders
- Youthful Offenders
- Adolescent Offenders
What is a juvenile crime in New York?
In New York, a juvenile crime generally refers to a criminal offense committed by a minor under the age of 18. In New York, the legal system treats young offenders differently depending on their age and the type of offense. Some cases are handled in Family Court as juvenile delinquency matters, while more serious offenses involving older teens may be handled in criminal court under the state’s “Raise the Age” laws.
What happens when a juvenile is charged with a crime in New York?
When a juvenile is charged with a crime, the case may be handled in Family Court or a specialized youth part of criminal court, depending on the age of the minor and the severity of the alleged offense. The goal of the system is often focused on rehabilitation rather than punishment. The process may involve:
- Arrest or issuance of a court appearance ticket
- Detention hearings to determine whether the minor can return home
- Court appearances before a judge
- Possible diversion programs, probation, or placement in a juvenile facility
What Are Juvenile Delinquents?
A child between the ages of 7 and 17 who commits a crime may be classified as a juvenile delinquent if it is determined that the child could benefit from supervision, treatment, or placement. If you are considered a juvenile delinquent, your case will be handled in family court. You are not at risk of facing jail time in a juvenile delinquent case. Instead, the court will focus on providing you with the supervision, treatment, or placement services you need.
What Are Juvenile Offenders?
Any 13, 14, or 15 year old child that is accused of committing a violent or serious felony in New York is considered a juvenile offender. If you are classified as a juvenile offender, your case will be heard in the Youth Part of the Supreme Court or County Court.
Juvenile offenders will face serious penalties if convicted, however the penalties will be less serious than those imposed on adult offenders.
Some cases involving juvenile offenders are transferred to family court. If this happens, the juvenile offender would be considered a juvenile delinquent.
What Are Youthful Offenders?
A minor is not categorized as a youthful offender until the sentencing stage of their case. You may be categorized as a youthful offender if:
- You were between the ages of 14 and 18 at the time the crime was committed.
- You have no prior felony convictions.
- You have never been classified as a youthful offender before.
It is up to the judge to decide whether or not you are categorized as a youthful offender. If you are considered a youthful offender, your criminal record will automatically be sealed, which means you technically will not have a criminal record. You will not have to report your conviction when applying for jobs or educational opportunities. Because of this, it is in your best interest to fight for this classification at sentencing.
What Are Adolescent Offenders?
Any 16 or 17 year old who is accused of committing a felony crime in New York is considered an adolescent offender. Cases involving adolescent offenders will begin in the Youth Part of the Supreme Court or County Court. The case will either remain in the Youth Part or be transferred to a family court.
If it remains in the Youth Part, the minor will be treated as an adult. However, if the minor is found guilty, the judge must take their age into consideration when determining an appropriate sentence.
If the case is a non-violent felony, it will most likely be transferred to family court. After this transfer, the child will be treated as a juvenile delinquent rather than an adolescent offender.
Will A Minor’s Criminal Record Impact Their Future?
A minor’s criminal record may or may not impact their future depending on how they are classified by the juvenile justice system. Juvenile delinquents will not have criminal records, so their offenses will not affect their future. If a judge classifies you as a youthful offender, your criminal record will be sealed, so it will not impact your future.
If you are not a juvenile delinquent or youthful offender, you could carry a juvenile criminal record into adulthood.
Can a juvenile go to jail in New York?
In most cases juveniles are not sent to adult jail. Instead, courts may order probation, counseling, community service, or placement in a juvenile detention or residential facility designed for minors. However, older teens accused of serious felony offenses may face stricter penalties and placement in secure juvenile facilities depending on the circumstances of the case.
What defenses are available in juvenile crime cases?
Defenses in juvenile crime cases depend on the specific allegations and evidence involved. Possible defenses may include:
- Lack of evidence or unreliable witness testimony
- Mistaken identity or false accusations
- Violation of the minor’s constitutional rights during questioning or arrest
- Lack of intent to commit the alleged offense
How do I find a juvenile defense lawyer near me?
To find a juvenile defense lawyer near you, search for a criminal defense attorney experienced in representing minors in juvenile delinquency and youth offender cases. Review law firm experience, attorney credentials, and client reviews, confirm the lawyer regularly handles Family Court and juvenile criminal defense matters, and schedule a case evaluation to discuss the situation and possible legal options.
Schedule A Case Evaluation Regarding Your Juvenile Crime Case Today on Long Island
Have you been accused of committing a juvenile crime? If so, it’s important to seek legal representation from experienced juvenile crime attorney Gianni Karmily as soon as possible. Fighting your charges is the only way to protect your future. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
