Juvenile Law

The Law

A police officer can arrest a juvenile offender if they have probable cause to believe the juvenile:

• Violated a criminal statute;
• Engaged in delinquent conduct;
• Engaged in conduct indicating a need for supervision; or
• Violated a court-ordered condition of probation.

The most common juvenile crimes include:

• Drug possession;
• Vandalism;
• Assault;
• Minor in possession of alcohol;
• Shoplifting.

Punishment

Juvenile assault charges vary in severity. Assault by contact and assault by threat are class A misdemeanors with fines in the hundreds. Bodily injury is also a class A misdemeanor but may result in probation or placement in a residential facility.

A juvenile offender faces the potential of commitment to the Texas Juvenile Justice Department until their 19th birthday or placement on probation up to their 18th birthday. 

In especially egregious cases, the state may ask the juvenile court to waive its jurisdiction over the accused, so they can be tried as an adult.

In other serious cases, the state can seek a determinate sentence, which allows the juvenile’s punishment to be transferred to the adult criminal justice system once they age out of the juvenile system.

The maximum punishment for a determinate sentence is 40 years. Offenses in Texas that are eligible for a determinate sentence include:

• Aggravated assault;
• Sexual assault;
• Murder;
• First-degree possession of a controlled substance;
• Manslaughter;
• Aggravated robbery;
• Criminal solicitation;
• Indecency with a child;
• Arson, if bodily injury or death occurred; or
• Intoxication manslaughter.

A grand jury must approve the determinate petition before it can affect the juvenile’s case.

Defense

By hiring The Kiechler Law Firm, we can help you by:

• Obtaining a copy of the police report,
• Interviewing potential witnesses,
• Locating surveillance footage,
• Compiling information about the juvenile’s background and circumstances, and
• Building a mitigation plan and package for the prosecution based upon the information gathered; and
• Advising you on what is coming next.

The juvenile justice system is a complex process, made even more confusing by the fear and pressure associated with facing criminal accusations.