Common Juvenile Offenses and Their Consequences

by Ambrosio Rodriguez | Dec 04, 2024 | Uncategorized
Juvenile law

Every year, thousands of young people in California find themselves facing charges in the juvenile justice system. From minor offenses like vandalism to serious crimes like assault, the impact of a criminal charge at a young age can last for decades.

In California, the juvenile justice system aims to rehabilitate rather than punish, but this doesn’t mean you can expect mild consequences. Offenses can lead to formal probation, detention, fines, or even a transfer to adult court.

This article will walk you through the most common juvenile offenses and the legal consequences that young defendants may encounter under California law. With clear, practical explanations, you’ll gain a better understanding of how California handles juvenile cases and what legal pathways can protect your child’s future.

If your child faces juvenile charges, don’t leave their future to chance. The Rodriguez Law Group is ready to provide knowledgeable guidance and an assertive defense.

Call us today for experienced legal assistance from a firm that can navigate California’s juvenile justice system effectively.

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Understanding Juvenile Delinquency in California

Handcuffs, Judge's GavelThe juvenile court system in California is structured around the principle that youth have a greater capacity for change than adults. Instead of sentencing youth to adult facilities or lengthy prison terms, California’s juvenile system often directs offenders toward rehabilitative programs.

California Welfare and Institutions Code § 602 establishes the jurisdiction of juvenile court over minors (aged 12 to 17) who commit crimes, and § 202 mandates that the primary purpose of juvenile court is “the protection and safety of the public and each minor.”

Juveniles who commit serious crimes, however, may still face adult charges. Under California’s Proposition 21, the state allows certain cases involving minors aged 14 or older to be transferred to adult court, depending on the nature of the offense and the minor’s prior record.

Crimes like murder, armed robbery, and serious sex offenses may result in transfers, subjecting the juvenile to adult sentencing.

Common Juvenile Offenses in California

1. Property Crimes

  • Theft and Shoplifting: One of the most common juvenile offenses, theft, includes acts like shoplifting, larceny, or unauthorized borrowing. In California, petty theft (Penal Code § 484 and § 488) applies to stolen property valued at $950 or less, while higher amounts may be classified as grand theft. The state often handles these offenses with probation or diversion for first-time offenders.
  • Vandalism: Acts of vandalism—such as graffiti, destruction of property, and other forms of damage—fall under Penal Code § 594. California law considers vandalism that results in damages over $400 to be a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or felony.

2. Status Offenses

  • Truancy: Under California Education Code § 48260, any unexcused absence from school can result in truancy charges. Repeat truancy, especially if it reflects larger behavioral issues, can lead to juvenile court intervention.
  • Curfew Violations: Many cities in California enforce curfew laws for minors, often prohibiting unsupervised presence in public areas during certain nighttime hours. Violating these laws can result in a citation or warning, with repeat offenses potentially leading to court involvement.
  • Underage Drinking: Although not a criminal offense for adults, underage possession or consumption of alcohol is a violation under Business and Professions Code § 25662. First offenses usually result in fines, community service, or alcohol education programs, while repeat violations can carry harsher penalties.

3. Drug-Related Offenses

  • Possession of Controlled Substances: For minors, possession of even small amounts of illegal drugs can lead to probation or juvenile detention, depending on the substance. In cases involving marijuana, California’s Health and Safety Code § 11357 permits only limited possession for minors, with fines and educational programs as typical consequences.
  • Distribution or Intent to Sell: More severe than simple possession, this offense can bring substantial penalties. California courts consider the amount of drugs and other evidence, like cash or packaging, to determine intent. Minors caught selling or distributing drugs may face serious charges, including potential transfer to adult court.

4. Violent Crimes

  • Assault and Battery: Juvenile assault cases vary widely in severity. Simple assault, penalized under Penal Code § 240, may lead to probation or counseling, whereas aggravated battery (Penal Code § 243) involving serious injuries often carries harsher sentences, even for juveniles.
  • Robbery: Classified as a violent felony under Penal Code § 211, robbery involves taking property from someone using force or intimidation. Due to the serious nature of this crime, juveniles charged with robbery risk detention or, in severe cases, transfer to adult court.
  • Homicide: Homicide cases involving minors are exceedingly complex, often leading to transfer hearings. Under California law, minors aged 14 and up may face adult court for first-degree murder or manslaughter, particularly if they allegedly used a weapon.

5. Traffic Violations

  • Driving Without a License: Many minors find themselves in juvenile court after driving without a license (Vehicle Code § 12500). Consequences may include fines, probation, or restrictions on future driving privileges.
  • Reckless Driving: Reckless driving, particularly when it endangers others, can lead to criminal charges. California Vehicle Code § 23103 outlines penalties for reckless driving, which may include probation, fines, or a juvenile record.

6. Cybercrimes

  • Cyberbullying: With the rise of social media, cyberbullying has become a leading juvenile offense. Under Education Code § 48900, California schools may involve law enforcement when cyberbullying poses a serious threat to another person’s safety.
  • Unauthorized Computer Access: Unauthorized access or hacking, even for “pranks,” can lead to serious legal issues. Penal Code § 502 prohibits accessing any computer or network without permission, which can lead to fines, probation, or juvenile detention.

Legal Consequences of Juvenile Offenses in California

Probation and judge's gavel.1. Informal Probation

  • Eligibility: Often available for first-time or low-level offenses, juveniles can receive informal probation, a type of supervision granted without a formal court ruling or adjudication.
  • Terms and Conditions: Minors on informal probation may need to attend counseling, complete community service, or meet regularly with a probation officer.
  • Outcome: If a juvenile offender meets all conditions, the court may dismiss the case, sparing the juvenile from a formal record.

2. Formal Probation

  • Supervised Probation: For more serious offenses or repeat offenders, formal probation involves active supervision by a probation officer and frequent check-ins.
  • Conditions: Conditions vary but typically include attending school, participating in community service, and completing programs like anger management or substance abuse counseling.
  • Juvenile Hall: In some cases, formal probation may involve a period of detention in a juvenile facility. Minors may also face electronic monitoring or curfews. If they violate probation, the state could detain the juvenile until further review.

3. Juvenile Detention and Commitment Programs

  • Detention Facilities: Some juveniles are held in county juvenile halls for short terms, especially in cases of violent or repeated offenses. In extreme cases, the Division of Juvenile Justice (DJJ) may imprison minors.
  • Programs and Rehabilitation: Minors placed in these facilities may participate in programs addressing education, life skills, and vocational training.
  • Duration: The length of detention varies widely, depending on the offense and the judge’s ruling. While juvenile detention is generally shorter than adult incarceration, a DJJ commitment can last until the minor reaches age 25.

4. Transfer to Adult Court

  • Eligibility Criteria: Under Proposition 57, adult courts can hear cases involving minors aged 14 based on the severity of the crime, the juvenile’s criminal history, and the likelihood of rehabilitation.
  • Implications: A transfer exposes the minor to adult sentencing, including long prison terms. Offenses like murder, certain sex crimes, and armed robbery are among those eligible for adult court transfer.
  • Consequences: Juveniles tried as adults often face harsher penalties, including time in adult prisons, and may lose access to the rehabilitative focus of the juvenile system.

5. Restitution and Fines

  • Restitution: If a court finds a minor guilty of property damage or theft, they may need to compensate the victim for their losses. This may involve cash payments or equivalent service hours.
  • Court Fines: In addition to restitution, California courts may impose fines as part of the juvenile’s penalty, especially for offenses like drug possession or curfew violations.
  • Parent Liability: Parents may also need to cover restitution in some cases. California Civil Code § 1714.1 holds parents liable for up to $25,000 in damages for intentional acts committed by their children.

6. Community Service

  • Assignments and Expectations: Community service can serve as an alternative to detention or additional penalty for minor offenses. Juveniles may work with local organizations or complete projects that benefit the community.
  • Educational Value: These assignments encourage accountability and allow juveniles to improve their communities. The court typically sets community service hours based on the severity of the offense and the minor’s needs.

Factors Influencing Sentencing in Juvenile Cases

Sentencing in California’s juvenile cases considers several factors, balancing the offense’s severity with the juvenile’s potential for rehabilitation.

Key considerations include:

  1. Age of the Juvenile
    • Rehabilitation Potential: Younger offenders often receive lighter sentences, focusing on educational or counseling programs rather than confinement.
  2. Severity of the Offense
    • Non-Violent vs. Violent: Violent crimes or offenses involving weapons (Penal Code § 245) generally result in stricter sentences, especially repeat offenses subject to the “Three Strikes” law (Penal Code § 667).
  3. Prior Delinquent History
    • Record of Offenses: First-time offenders are more likely to qualify for diversion, while repeat offenders may face detention or even transfer to adult court.
  4. Presence of a Weapon
    • Increased Penalties: Weapon use raises penalties and may trigger a transfer to adult court for older minors facing serious charges.
  5. Gang Affiliation
    • Sentencing Enhancements: Under Penal Code § 186.22, gang-related crimes can add years to a sentence and reduce eligibility for diversion, emphasizing deterrence.

Long-Term Implications of Juvenile Convictions

While California’s juvenile system emphasizes rehabilitation, some consequences can persist even after a youth turns 18.

Here’s what families should know:

  1. Education and Employment Challenges
    • Schooling: Convictions may lead to suspensions, expulsions, or other disruptions, limiting college access and educational pathways.
    • Jobs: Although juvenile records are restricted in California, certain employers and licensing boards may still access them, especially for roles requiring security clearances.
  2. Effects on Driving Privileges
    • License Suspension: California mandates automatic license suspensions for certain offenses, like drug or alcohol-related charges, even if unrelated to driving (Cal. Vehicle Code § 13202.5).
    • Long-Term Impact: License issues can limit independence and job opportunities, particularly in areas lacking public transportation.
  3. Possibility of a Permanent Criminal Record
    • Record Sealing: California allows juveniles to petition for record sealing at age 18 or after probation, depending on the offense (Welfare & Institutions Code § 781).
    • Expungement Limits: Severe crimes, like violent felonies, may remain on record and continue to affect future opportunities.
  4. Restrictions on Benefits and Programs
    • Federal Aid: Certain drug convictions can affect eligibility for federal financial aid.
    • Housing and Social Services: Some housing authorities may access juvenile records, potentially affecting eligibility for public assistance.

Secure Your Child’s Future With The Rodriguez Law Group

Company LogoWhen a young person’s future is on the line, every decision counts. California’s juvenile justice system offers pathways to rehabilitation, but without a strong defense, your child can miss these opportunities. Don’t let one mistake define your child’s future or limit their potential.

At The Rodriguez Law Group, we understand how to navigate the juvenile justice system precisely and carefully.

With our dedication, we will tirelessly pursue every available avenue to minimize the impact of the charges and protect your child’s rights. The longer you wait, the more limited your options become.

Take action now—call us today at (213) 995-6767 and let us guide your family through this challenging time. Together, we’ll work to safeguard your child’s future and help them get back on track.

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