Every parent knows that children make mistakes. Children lack impulse control and don’t have a full understanding of the consequences of their actions. When a child commits a crime, the focus should be on rehabilitation and learning, not punishment.
If your child is currently being charged with a criminal offense, you need to speak to a criminal defense lawyer serving Berkeley from Silver Law Firm. We have extensive experience managing juvenile crime cases and can protect your child’s rights and future prospects.
Send us a message online or reach out by phone to schedule a consultation with a juvenile defense lawyer serving Berkeley.
A Juvenile Defense Lawyer Can Protect Your Child’s Future
Juvenile crimes usually don’t result in harsh criminal penalties, but they can still negatively impact your child’s life. A juvenile conviction can harm their educational prospects and impact their ability to hold down employment later in life. In extreme cases, juvenile offenders may be confined in state institutions to monitor their behavior.
That is why it’s incredibly important to have a Berkeley juvenile defense lawyer on your side. A lawyer can protect your child from the negative consequences and ensure that a single mistake doesn’t ruin their life. We can work to defend your child from the charges and seek alternative methods of punishment other than criminal sanctions.
For a free legal consultation with a juvenile defense lawyer serving Berkeley, call (510) 995-0000
Differences Between the Adult and Juvenile Criminal Justice Systems
The state of California has a separate criminal justice system for juvenile offenders than for adult offenders. The structure of the juvenile justice system differs from the adult system in its purposes and functioning:
- Purpose. The juvenile justice system focuses on rehabilitation and reintegrating offenders back into society rather than punishment and crime deterrence.
- Terminology. Juvenile cases are technically not criminal cases but civil ones. As such, juvenile offenders are not “guilty” of crimes but instead receive an “adjudication.”
- Processes. Minors have different rights than adult offenders. For example, juvenile cases don’t involve a jury and instead only have a judge.
- Outcomes. Juvenile offenders typically don’t receive the same punishments as adult offenders, and usually don’t go to prison for crimes.
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Common Juvenile Crimes in Berkeley
Juvenile crimes in California can generally be divided into two types:
Status Offenses
A status offense is an act that is normally considered legal but is illegal specifically for minors. Common status offenses in California include:
- Skipping school (truancy)
- Running away from home
- Drinking alcohol while underage
Although status offenses are not technically considered crimes, they can still have negative outcomes on your child’s life and prospects.
Delinquent Acts
Delinquent acts are acts that would be crimes regardless of whether a minor or an adult committed them. Below are some delinquent acts for minors in California:
- Trespassing
- Vandalism
- Assault and battery
- Petty theft or grand theft
- Drug crimes
- Auto theft
- Sex crimes (e.g., rape, sexual battery, etc.)
- Murder
Even though these acts are crimes, juvenile offenders will usually face a more lenient sentence than adult offenders would.
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Alternative Punishment for Juvenile Crimes
The juvenile justice system typically shies away from prison or jail time as punishment for juvenile offenses. Instead, punishment is meant to be more constructive and have the offender reconsider their behavior. Below are some common alternative punishments for juvenile crimes:
- Community service
- Diversion programs
- Probation
- Restitution and civil fines
- Electronic monitoring
- House arrest
- Confinement in a juvenile facility
A juvenile defense lawyer in Berkeley can explore alternative options for juvenile punishment and help preserve your child’s freedoms and reputation.
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Can a Minor Be Charged as an Adult in California?
According to California WIC 707, minors aged 16 or older can be charged as adults for severe crimes, such as rape, murder, or armed robbery. When charged as an adult, minors appear in adult courts and can receive adult sentences for crimes, including prison.
The courts have discretion to transfer a case to adult courts. Factors that can impact a decision to transfer include the nature of the crime, the degree of criminal sophistication, and the presence of remorse from the offender.
Can Juvenile Crimes Be Expunged?
Yes, juvenile crimes can be expunged in California. Expunging a crime seals the record and ensures that it won’t show up on background checks. Some juvenile crimes are automatically expunged after a certain timeframe, while others require you to request expungement.
There is no cost to sealing juvenile records, but the process can take several months. A juvenile defense attorney can help seal your child’s record to preserve their future opportunities and privileges.
Contact a Juvenile Defense Lawyer Serving Berkeley
At Silver Law Firm, we believe that juvenile offenders deserve a second chance. You can rely on us to protect your child’s rights and future to the greatest possible extent. Our team has nearly 40 years of combined experience in criminal defense law and a track record of testimonials from satisfied clients.
Contact our offices online or call today to speak to a knowledgeable juvenile defense lawyer serving Berkeley.
Call or text (510) 995-0000 or complete a Free Case Evaluation form