How long will a minor serve in juvenile hall for assault of an adult? 27 Answers as of May 31, 2011

How long will a minor (16 years old) serve in juvenile hall for assault of an adult? He has been in juvenile hall before.

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The period of detention for a juvenile is determined by the Court, considering all of the facts in the case. The Juvenile has a right to an attorney to represent them through the proceedings. This question is best presented to the attorney representing them, because they will be most familiar with the offense and the Court. In some cases, a diversion program can be discussed. In other cases, detention and even State Placement can be appropriate. These matters should be discussed with the attorney who represents the juvenile. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 5/31/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Every case is unique so such questions really can not be accurately answered. Simple assault of battery carries up to 6 months for either a juvenile or an adult but the actual sentence can be far less.
Answer Applies to: California
Replied: 5/27/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
You should ask this question to your lawyer, and if he/she cannot answer it then it is time to find another, more experienced attorney.
Answer Applies to: Michigan
Replied: 5/27/2011
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
A juvenile can be held until 19, but that is unlikely. Normally the court comes up with a plan to treat and reform a JV which may involve some period of detention.
Answer Applies to: Nebraska
Replied: 5/27/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
This is not an easy answer. Juvenile sentencing guidelines are specific to the crime and the history of the juvenile. You should consult with an attorney who specializes in juvenile law and give him specific information to get your answer.
Answer Applies to: Kansas
Replied: 5/27/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    It is really hard to tell how long or if the juveille would be incarcerated or detained. A lot will depend on the situation, the conduct of the youth at the hearing and what the State is asking for. For me to provide a better or more detailed response, I need more facts. If you would like to meet to discuss the additional material, I would be glad to do so. I hope this helps you sort your legal situation out. If you want to set up a free consultation to go over your situation in more detail or to retain me to assist you with this matter, please email me or call me.
    Answer Applies to: Hawaii
    Replied: 5/27/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I cannot answer your question with the information provided. There are many factors that the Court may consider in juvenile cases, such as, the nature of the offense, the prior record of the juvenile, what other alternatives other than incarceration are possible or available, etc.
    Answer Applies to: Alabama
    Replied: 5/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    While assault and battery is a 93 day misdemeanor, in juvenile court, there are no maximum or minimum sentences. The purpose of juvenile court is to rehabilitate the youth. The Court is left with the discretion to fashion a remedy that best suits the needs of the juvenile.
    Answer Applies to: Michigan
    Replied: 5/27/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    That depends on the seriousness of the injuries to the victim. Sentencing is a very subjective matter, there probably will be some incarceration involved, but how much is completely up to the prosecutor and judge. Your son should be represented by a private attorney or if you are unable to afford one, a public defender, who will work to get him the best sentence he can, I am sure.
    Answer Applies to: Illinois
    Replied: 5/27/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further details especially since he has been in juvenile hall before, like the seriousness of any injury to the adult, prior record, whether the assault involved the use or attempted use of a weapon etc. he should hire an attorney.
    Answer Applies to: New York
    Replied: 5/27/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    It is the court's discretion whether to send a person to jail and for how long. The court bases it decision on many factors, including, but not limited to, the victims statement, prior record, the offenders cooperation and the seriousness of the offense. the length of the jail sentence is dictated by statute. It has been my experience that the court relies heavily on the prosecutor's recommendation and the victims statement when deciding on an appropriate punishment.
    Answer Applies to: Connecticut
    Replied: 5/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    A juvenile may not serve any time, because it's a matter of facts involved. Hire a good lawyer for him/her and defend the case. Good luck.
    Answer Applies to: New York
    Replied: 5/27/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The answer really depends on the facts. A juvenile can only be deemed a juvenile until 17 in NH, however, if the assault was serious he could be deemed an adult and face more serious consequences. His history will also play a part and whether or not he was on juvenile probation at the time of the new offense. He should contact a defense lawyer familiar with the authorities involved.
    Answer Applies to: New Hampshire
    Replied: 5/27/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Well, there is really no way for me to answer that question based on the limited information in your message. But, generally speaking, if treated as a child, he could be held up to his 21st birthday. If the offense is so serious that he could be treated as an adult, then he could be sentenced to many more years. Is this your child? If so, find him a good criminal defense lawyer with experience in the juvenile court where the case will go.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no simple answer to this issue and it would require a full review of the police reports, records, and other evidence in the case. Moreover, there are many different levels of assault charges ranging from misdemeanor to gross misdemeanor to felony. the greater the charge, the greater the penalty and the greater the risk. You should hire legal counsel immediately.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on whether the person was injured and what prior record the juvenile has. Normally he would be placed on probation and plead to a misdemeanor assault . If he was under 19 he will probably be granted Youthful Offender Treatment and have no criminal conviction.
    Answer Applies to: New York
    Replied: 5/26/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    It all depends on the facts and circumstances of the case along with the criminal history of the juvenile. You need an experienced juvenile defense lawyer to properly evaluate the case and determine why is possible.
    Answer Applies to: California
    Replied: 5/26/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    That varies with the degree of the assault and history of the juvenile. If he has a legitimate defense, he should serve no time. If he has a bad enough record, he could be sent to state school which is the worst punishment that a juvenile can get. Stay well.
    Answer Applies to: Alabama
    Replied: 5/26/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    The answer used to be easy, but with Measure 11 in Oregon, a youth, age 15 on up, can be charged as an adult for certain crimes. If this is an assault IV his time in detention or with the OYA can very, but he cannot be prosecuted as an adult. If he is charged with assault II, his time can be considerably longer; to age 25. The answer could vary from a few days in detention to referral to Oregon Youth Authority (OYA) for a much longer time at McClaren. His history will play large part in this; as well as the injuries to the adult if any. I have practiced in Juvenile court for 29 years, so it may be in your son's best interest to hire a lawyer. Thank you.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It would be almost impossible for someone to guess the amount of time that could be imposed. There are far too many factors for someone to give you a legitimate answer. Only the attorney that is handling the case and aware of all the facts will be able to give an accurate indication.
    Answer Applies to: California
    Replied: 5/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. There is no guarantee he wont be charged in adult court. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/26/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No one can know the answer to the question. Let me recommend that you sit down with an attorney, outline the juvenile's criminal history, the injuries to the adult and the circumstances surrounding the assault. Choose an experienced attorney. See my website.
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Is he being charged as a juvenile or as an adult? How badly was the victim injured? Does he have a record with prior violent offenses? All of these will play a factor in sentencing. Usually, they are placed on a juvenile form of probation, but if he has been in juvenile hall before, he may be looking at that again or possibly jail time if he is being charged as an adult. You need to consult with an experienced criminal attorney to have them evaluate your case.
    Answer Applies to: Michigan
    Replied: 5/26/2011
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