Juvenile commiting a violent offense.

Asked over 2 years ago - Baton Rouge, LA

If a juvenile commits a violent offense as defined by law,but there really was no violence would the juvenile be tried as adult?

Attorney answers (2)

  1. Jennifer Bassett Page

    Contributor Level 3
    Best Answer
    chosen by asker

    Answered . Several factors influence that question. One is how old is the juvenile? In most states, juveniles of a certain age, say 16 or 17, can be charged much more easily as adults than, say, a 13 year old. Another question is what is the actual charge? Certain very serious charges, such as Armed Robbery, if the juvenile is 16-17 will 'go adult' in many states.

    But, your question about the actual facts of the case are on point. While a crime may have the 'label' suggesting it is a violent crime, if the facts of the case are minimally violent or not terribly aggravating, the prosecution should take that into account when deciding whether to leave the case in juvenile court or take it up to adult court.

  2. Robert Stephen Toale

    Pro

    Contributor Level 8

    Answered . Probably not but it depends on the charge.

    In Louisiana, the juvenile court has original jurisdiction over children under age 17. When a child is 15 or older at the time of the commission of the crime there is a procedure to prosecute a child in the district court, in other words, as an adult. The Children's Code Article 305 sets out the procedure and you can read the statute on the state's website. Most of the crimes listed are murder, rape, armed robbery, various burglaries and battery. There are some crimes that a juvenile would not be tried as an adult on the first offense but would be on the second.

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