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    Speak Up! - View Question #23061


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    Question: Are the penalties for assault the same for minors and adults?

    Answer:

    Juvenile Court

    Depending on the circumstances, a minor who commits assault may be offered diversion or a community based program to keep the minor out of court.
    Diversion is where a juvenile has to do one or more of the following:
    • A counseling program
    • An education program
    • A nonresidential program of rehabilitation
    • restitution to the victim
    A community based program is where the juvenile admits responsibility and agrees to fully cooperate. The requirements are:
    • juvenile’s voluntary participation
    • victim’s voluntary participation
    • juvenile’s parents have a right to participate
    • the participants agree to consequences
    For more information on diversion and community based programs (See A.R.S. § 8-321). If diversion or a community based program is not offered, the juvenile court will determine if the minor should be released to the parents with the probation department's supervision, get probation, pay restitution (money to the victim) or be confined in a juvenile facility. (See A.R.S. § 8-341).

    Adult court
    A juvenile’s case may be transferred to adult court for criminal prosecution of a fifteen, sixteen, or seventeen year old accused of
    • first degree murder
    • any other violent felony offense
    • a felony committed by a chronic felony offender
    The same goes for a juvenile who is at least fourteen years old and is accused of
    • a class 1,2, or 3 felony
    • a class 3,4,5 or 6 felony involving infliction of serious physical injury or use of a deadly weapon
    For more information on juveniles being prosecuted as adults. (See A.R.S. § 13-501). Probation may be offered but if not the minor will go to the state department of corrections along with adults.


    Comments
    1 thru 1 of 1 comments    [ 1 ]   
    On 12/12/08
    ASHLEY from OR said:
    IF A CHILD IS A FIRST TIME OFFENDER, WHAT ARE THE CONCEQUENCES FOR ASSUALT ON ANOTHER CHILD
    1 thru 1 of 1 comments    [ 1 ]   



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