Phoenix Juvenile Crime Lawyer

Is Your Child Facing Criminal Charges?

When faced with the legal complexities surrounding a juvenile's involvement in a legal matter, securing effective legal representation becomes paramount. Whether your child encounters legal issues or is accused of a crime, seeking the guidance and support of our Phoenix juvenile defense attorneys is essential. Our team is equipped to navigate the intricacies of the Arizona juvenile justice system, advocating for your child's rights, and working to secure the best possible outcome. Through personalized and strategic defense, our Phoenix juvenile crime lawyers can endeavor to mitigate charges, prevent adult prosecution, and strive for favorable resolutions.

Contact our team for a free consultation, where we can discuss your child's situation and explore potential legal strategies that could safeguard their future. We are available 24/7.

What Age Can a Juvenile Be Charged With a Crime in Arizona?

In Arizona, a juvenile can be charged with a crime if they are at least 8 years old but under the age of 18. The Arizona Revised Statutes specify that the juvenile court has jurisdiction over individuals under the age of 18 who are accused of committing delinquent acts or offenses.

Delinquent Act vs. Juvenile Crime in AZ

In Arizona, terminology related to juvenile offenses has evolved over time. There has been a shift in language from "delinquent act" to "juvenile offense" or "juvenile crime" in some jurisdictions.

Previously, the term "delinquent act" was commonly used to refer to actions committed by juveniles that would be considered criminal if performed by adults. Arizona's juvenile justice system dealt with "delinquent acts" committed by individuals under the age of 18. However, the terminology used in legal contexts may vary and can change over time due to legal reforms or updates.

Juvenile crime refers to criminal acts committed by minors. These acts could range from offenses such as theft, vandalism, drug-related crimes, assault, or other illegal activities. The term "juvenile crime" is used to describe unlawful behavior carried out by individuals who have not yet reached the age of adulthood.

In recent years, some jurisdictions have transitioned from using the term "delinquent act" to more commonly using terms like "juvenile offense" or "juvenile crime" to align better with standard legal terminology and to avoid confusion.

How Arizona's Juvenile Court System Works

The Arizona juvenile court system is designed to handle cases involving individuals under the age of 18 who have committed offenses or are in need of intervention due to various circumstances.

Jurisdiction: Arizona's juvenile courts have jurisdiction over cases involving minors accused of committing delinquent acts (juvenile crimes), status offenses (such as truancy or curfew violations), and cases involving dependency or neglect.

Initial Contact: When a minor is involved in an offense, law enforcement may handle the situation in various ways, depending on the severity of the offense. They may issue a warning, make a referral to social services, or initiate the juvenile court process by filing a petition.

Petition Filing: If the case proceeds to the juvenile court, a petition is filed, outlining the alleged offense. The minor and their parents or guardians are notified, and a court date is set.

Court Proceedings: Juvenile court proceedings in Arizona often prioritize rehabilitation over punishment. The court aims to address the underlying issues contributing to the minor's behavior. The minor has the right to legal representation and may have the opportunity to participate in diversion programs, counseling, or community service instead of formal adjudication.

Adjudication: If the case proceeds to adjudication (similar to a trial in adult court), the court determines whether the minor committed the alleged offense. If the minor is found delinquent, the court then moves to the disposition phase.

Disposition: During the disposition phase, the court decides on an appropriate outcome. This could involve probation, community service, counseling, placement in a juvenile facility, or other rehabilitative measures. The court aims to tailor the disposition to the minor's needs and circumstances.

Post-Dispositional Review: Periodic reviews of the minor's progress may occur to assess their compliance with the court's orders and to make any necessary adjustments to the disposition.

Transition to Adulthood: In certain cases, minors may face the possibility of being tried as adults, particularly for severe offenses. Transfer hearings may be conducted to determine whether a case should be transferred to adult court.

Penalties for Juvenile Crimes in AZ

The handling and processing of juvenile offenses in Arizona involve specialized courts and procedures intended to address the specific needs and circumstances of minors (under 18 years of age) who have committed these acts.

Penalties are also far less severe and include:

• Rehabilitation
• Counseling
• Community service

These repercussions are in place of jail or prison sentences. This is due to the belief that, with such rehabilitation, a child will be far less likely to commit another crime in the future.

Your Child Could Be Tried As an Adult

Certain circumstances, however, could justify the trial of a child as an adult.

The Maricopa County Superior Court website states that juvenile delinquents between the ages of 15 and 18 shall be tried as adults if they commit any of the following crimes:

• First degree murder (A.R.S. § 13-1105)
• Second degree murder (A.R.S. § 13-1104)
• Forcible sexual assault (A.R.S. § 13-1406)
• Armed robbery (A.R.S. § 13-1904)
• Aggravated driving (A.R.S. § 28-1383 and § 28-1384)
• Any other violent offense

Even if they did not commit such a crime, a child could still be tried as an adult if the prosecution motions for transfer due to probable cause and the protection of the community based on the circumstances of the offense. An adolescent may also be tried as an adult if they have had two previous trials in the Juvenile Court for felonies and are arrested for another felony. The County Attorney ultimately makes this decision.

As a parent, you want to protect your child, so call MayesTelles if your son or daughter is facing charges.

Possible Defenses for Juvenile Crimes in AZ

In Arizona, just like in any legal jurisdiction, several potential defenses can be utilized when defending against juvenile crime charges. The appropriateness of a defense strategy depends on the specific circumstances of the case. Some possible defenses that might be employed in defending against juvenile crime charges in Arizona include:

Lack of Evidence: Challenging the evidence presented by the prosecution is a fundamental defense strategy. This might involve demonstrating inconsistencies in witness testimonies, disputing the reliability of evidence, or highlighting the lack of substantial proof linking the juvenile to the alleged crime.

Alibi: Presenting evidence that the accused juvenile was elsewhere or with others at the time the crime was committed can form a strong defense.

Mistaken Identity: Arguing that the accuser or witnesses may have misidentified the juvenile as the perpetrator of the crime.

Self-Defense or Defense of Others: If the juvenile acted in self-defense or to protect others from harm, this could be used as a defense, especially in cases involving assault or similar charges.

Entrapment: Demonstrating that law enforcement induced or coerced the juvenile into committing the crime that they would not have otherwise committed on their own.

Mental Incapacity: Showing that the juvenile did not have the mental capacity to understand the nature of the alleged offense or couldn't distinguish right from wrong due to a mental disorder or disability.

Illegal Search and Seizure: Challenging the legality of how evidence was obtained, especially if it was collected without proper warrants or violated the juvenile's constitutional rights.

Juvenile Diversion Programs or Rehabilitation: Emphasizing the juvenile's willingness to undergo rehabilitation, counseling, or community service as an alternative to formal prosecution, highlighting efforts toward reform and positive change.

Parental Responsibility: In some cases, demonstrating that the actions of the juvenile were a result of inadequate supervision or guidance from parents or guardians.

Statute of Limitations: Asserting that the charges were filed after the expiration of the statute of limitations for the alleged offense.

Contact Our Juvenile Crime Attorneys in Phoenix

If your child has been arrested for any crime, a Phoenix juvenile crime defense attorney could support them through this difficult experience and relentlessly fight against their charges. With a proper defense, your child could avoid being tried as an adult and have their charges reduced or dismissed. Fill out our free online case evaluation today or call our offices. We may be able to provide the defense your child needs.

Contact our Phoenix juvenile defense lawyers from MayesTelles PLLC today at (602) 428-7104.

Resources

• Can Juvenile Records Be Expunged?