In Canada, it is illegal for minors to engage in violent behaviour. So what happens if your child gets into a physical altercation with another person? Can you press charges on a minor? And how does the process work?
This blog post will explore simple juvenile assault and what you can do if your child becomes involved in such an incident. Read on to learn more!
What is Simple Assault?
Simple assault concerns an attempt to injure someone while also hurting someone. Threatening someone and alarming with fatal fears also falls under this term. If you want to know more specific details, you might have to look up what your state considers as Simple Assault.
A scarce injury can also be Simple Assault. But the higher the degree of harm caused to the victim, the higher the charges will be held against you.
However, the state will determine if the court can justify the assault with just a threat. So if you hit someone or proceed to do so, you can be charged with this crime.
Consequences of Juvenile Simple Assault
Now that you face charges for Juvenile Simple Assault, what might you have to suffer?
You may either:
- Suffer jail time in a juvenile administration.
- Suffer fines.
- Go through community service.
- Get probation.
- Restitute the victim for the damage cost.
- Get rehabilitation.
According to the youth criminal justice act, Having a criminal record as a minor might have far-reaching consequences. It’s possible that it’ll keep kids from getting to school, work, or other crucial resources.
Are You Applicable for Juvenile Court?
According to your state, the juvenile justice system follows a general guideline on whom it takes under its wings. Usually,
- Only children beyond seven years of age apply to any charges. Otherwise, the parents will face accusations.
- Minors from seven to fifteen years are most suitable in juvenile court.
- Cases become more adverse for 12 to 18-year-olds, depending on the severity of the crime. Prosecutors contrive to group this lot for adults if the degree of assault is irredeemable.
How Does the Juvenile Court Process?
The juvenile justice proceedings are more relaxed and forgiving than it is for the adult court. If you are lucky, you may not receive any official charges. The court is more fixated on treating the perpetrator than accusing them so that it might go in their favour.
While minors sent to adult court will have to face harsher charges, they won’t receive the rights from the constitution like adults will. Several states have no system for a juvenile to obtain a jury, though there may be an attorney to serve their cause.
Adults receive the privilege of being unconvicted unless the jury decides the adult is guilty of the alleged crime. This system applies to minors under the condition that the minor may undergo imprisonment.
What Happens When the Minor is Given the “Adult” Treatment?
A prosecutor might elect to treat a minor as an adult if the case is severe in many places. Sometimes, minors accused of major offences (typically misdemeanours) may be handled as adults if they are above 16.
Upon being charged as an adult, the state will place the juvenile under the jurisdiction of the adult court system. An 18-year-old who violates any of these rights may be punished as an adult and incarcerated in an adult facility.
In most situations, a kid charged with a minor initial offence, including simple assault, will not be sent to adult court.
How to File Formal Juvenile Charges?
When Receiving Juvenile Charges, You May Have to Go Through These Stages:
The Arraignment
This term refers to the juvenile’s formal charge in court.
The Hearing
There will be a “fitness hearing” to determine whether or not the juvenile should be tried as an adult before the court takes jurisdiction.
Submitting a Petition
If the minor offers a petition, the case will go to trial based on their admission of guilt or innocence.
The Prosecution begins
A judge will hear the evidence and decide whether the defendant is guilty or innocent in juvenile court.
The Sentence
If the accusations against the kid are accurate, the court will impose an appropriate penalty.
Proceedings to the Sentence
The court will then summon the minors periodically to monitor their development.
Also Read: How Much Evidence is Needed to Charge Someone in Canada?
Preventing Formal Charges
Yet after having a juvenile assault, you can prevent the formal charges if you take these actions:
Talk to Your Parents
Your parents will be notified of the proceedings, and they might be able to help you out.
Get a Lawyer
If you cannot afford legal representation like a criminal defence lawyer, the state will provide one for you.
Work Towards Rehabilitation
This may include anger management or other therapy to ensure that the incident isn’t repeated.
Accept Responsibility
Admitting to the crime may help you in the long run, as the court will see that you’re taking steps to improve yourself.
Perform Community Service
This is often required as part of a sentence, but it can also help to show the court that you’re taking your charge seriously.
Conclusion
Juvenile simple assault can be a serious charge, but the court system is more focused on rehabilitation than punishment. If you’re a minor accused of assault, it’s crucial to speak to a lawyer and work towards rehabilitation.
You may also need to perform community service as part of your sentence. Taking responsibility for your actions can also help to show the court that you’re willing to change.
FAQs
Here are some frequently asked questions on can you press charges on a minor:
Can You Press Charges on a Minor for Assault?
If you’re a minor and are accused of assault, you may be charged as an adult in some states in Canada. For this, you have to be 18 years old or older.
Can You Press Charges on a Minor for Harassment?
Yes, you can press charges on a minor for harassment. The definition of harassment may vary from state to state, but it generally refers to any unwanted contact or behaviour that makes the victim feel uncomfortable.
Can You Press Charges on a Minor for Theft?
Yes, you can press theft charges on a minor. The punishment may vary depending on the value of the property stolen and the child’s prior criminal record. They would be whoever commits this may face juvenile charges.
Can You Press Charges on a Minor for Bullying?
Normally, no. The school administration handles most bullying incidents, and law enforcement is only involved if the bullying results in an assault crime. However, some states allow parents to press charges against minors who bully their children.
