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    Speak Up! - View Question #305


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    Question: What will happen if a 15yr old is charged with a felony?

    Answer: A couple of things can happen, depending on the type of felony the juvenile is charged with and what type of criminal record he or she has.

    If the felony the juvenile (age 15 and over) is charged with is one of the following, then Arizona law requires that they be charged as an adult in adult court;

    -Murder

    -Rape or Sexual Assault

    -Armed Robbery

    -Aggravated Assault - either serious physical injury or with a deadly weapon

    -Drive-by Shooting

    -Discharging a Firearm at a Structure

    or if the juvenile already has 2 prior felony convictions in juvenile court (chronic felony offender)

    These are called mandatory direct file cases.

    If the juvenile is 14 years or older, and committs any of the following felonies, then the county attorney MAY file adult charges in adult court. That is a decision made on a case-by-case basis;

    -a class 1 or 2 felony (included murder and some drug sales offenses)

    -a class 3 felony (except possession of drugs or theft)

    -a class 3,4,5, or 6 felony with intentional or knowing serious physical injury or use of deadly weapon or dangerous instrument (these would be aggravated assaults and similar offenses)

    -or a juvenile that has been convicted already of 2 felonies in juvenile court (chronic felony offender)

    Other felonies would be charged in juvenile court. Those would include, burglary, car theft, possession of marijuana, narcotics or dangerous drugs, some aggravated assaults where there is no serious injury or weapon used, fleeing from law enforcement or escape, resisting arrest, and theft.

    The juvenile court has a broad range of sentences, and does not have any mandatory sentencing provisions like adult court. The juvenile judge consideres the crime and the juvenile's circumstances, then can impose everything from community service to juvenile prison, including probation, fines, and placement in a residential treatment or foster home.


    Comments
    26 thru 30 of 37 comments    ...6 ]  7   8    
    On 10/03/03
    jair from CA said:
    how dare you think that kids should be tried as an adult for a crime. what if they did not know about the consequences or what they were doing? then they should be tried as a minor but then again the teens should be informed about consequences. which falls into the lap of the parent involement with kids and the education system.
    On 09/24/03
    K from NC said:
    children SHOULD be charged as adults for the crimes they comit! if the stupid kid is dumb enough to do something so serious he/she should go to jail as if a man of 21 had done the crime.
    On 08/02/03
    b from NC said:
    i dont think its fair to charge a kid as an adult because alot of kids in up in the prision system and when the come out people stero type them for what happen instead of who they really are and who they could be if they only had a chance only depending the crime
    On 04/09/03
    devin from CA said:
    if the child is able to realize that he is commiting the murder, and that still doesnt stop him, which any child that is 14 im sure is able to acknowledge exactly what he is doing when he is thinking about commiting a murder then he/she should suffer the consequences of their actions. Just becuase you are underage doesnt mean that you should be punished less severly than if you were an adult. If that were the case then the world would have alot more underage kids thinking, oh its ok if i kill this person becuase i wont get in very much trouble for it.
    On 03/25/03
    D.Krystal from VA said:
    I have been charged with a felony(Car theft) and I am a first time offender. I did not do this by myself. It invovled a friend and myself. She had taken two cars before this one. We got the same punishment which was: Take the charge under advisement for 1 yr, 50 hours of community service, 5 page paper due to judge about "how criminial behavior can effect my futher", and on probation until the courts decide to take em off. I don't think all of it is fair because she had done this before, but it is better than being charged as an adult. However the arresting officer told us since I was 15 and s
    26 thru 30 of 37 comments    ...6 ]  7   8    



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