When a person under 18 commits a crime in New Jersey, they typically go through the juvenile justice system instead of the adult justice system. The juvenile system has more lenient punishments and focuses on rehabilitation rather than punitive aims. However, in some cases, minors can be tried for crimes in an adult court.
In the case of aggravated assault in New Jersey, minors can be tried as adults for aggravated assault if they meet specific criteria. If you are a parent or guardian of a minor facing adult or juvenile assault charges, it’s imperative you seek legal counsel immediately. Being tried as an adult can have irreparable consequences on a minor’s life, and a juvenile defense attorney in NJ will work to safeguard their rights and liberties.
Understanding Juvenile vs. Adult Legal Systems in NJ
Under New Jersey law, minors have most of the same rights as adults. However, the juvenile and adult legal criminal systems differ significantly in a few key areas.
First, courts do not indict and arrest minors. Instead, the state takes them into custody while the trial occurs. Second, juvenile courts do not hand down criminal convictions. Instead, a minor convicted of a crime is an adjudicated delinquent, the juvenile version of a conviction. In most cases, minors can petition to have an adjudication sealed or erased when they turn 18 so they don’t enter adulthood with a criminal record.
The third major difference is punishment. The goal of the juvenile justice system is rehabilitation, so the consequences are typically non-carceral in nature and may include:
- Community service
- Parole
- Diversion programs
- Vocational training
- Mandated therapy or counseling
- Detainment in a secure care facility
In contrast, incarceration in the adult system is a form of punitive deterrence and a means to separate dangerous individuals from the general population.
Aggravated Assault Charges Explained
Under New Jersey law, a person is guilty of aggravated assault if they knowingly and recklessly attempt to cause serious bodily injury to another with a deadly weapon. It is a higher charge than simple assault and similarly carries a higher punishment.
A person can also be guilty of aggravated assault if they commit simple assault on a police officer, firefighter, EMS first responder, school employee, or health care worker, among others, while performing their job duties.
Circumstances Where Juveniles Can Be Tried as Adults
In general, New Jersey tries juvenile offenses less seriously than adult offenses. However, a prosecutor can file a motion seeking that the court waive the juvenile case and send it to an adult criminal court If:
- The defendant is at least 15 years old, and
- The defendant is accused of a crime named under the relevant New Jersey statute
Juveniles can only be tried as adults for certain statutory offenses the law explicitly names, which include criminal homicide, robbery, aggravated assault and sexual assault, kidnapping, and aggravated arson. Whether or not the court grants the motion to waive jurisdiction of the case to an adult court depends on several factors unique to the circumstances:
- The Minor’s Conduct and Demeanor – Are they remorseful and open to rehabilitation? Do they have a prior record?
- The Nature and Severity of the Crime – Did the crime injure or kill anyone? Were weapons involved?
- The Role the Minor Played – Did they instigate the crime? Did they commit it alone or with others?
- The Minor’s Mental Health – Do they have mental issues? What is their family and home life like?
- The Victim’s Input – How does the victim or their family feel?
Penalties for Aggravated Assault in Adult Court
Children who receive a criminal conviction in an adult court face the same penalties as adults would. In most cases, aggravated assault is a felony charge of either the fourth, third, or second degree, depending on the circumstances. In contrast, simple assault is usually a disorderly persons offense (the New Jersey equivalent of a misdemeanor offense in other states).
Each degree of felony carries a different punishment, from least to most serious:
- Fourth – A fourth-degree felony can carry a fine of up to $10,000 and an 18-month prison sentence.
- Third – Third-degree felonies can result in three to five years in prison and a maximum fine of $15,000.
- Second – A second-degree felony aggravated assault conviction can impose up to 10 years in prison and a maximum fine of $150,000.
The level of punishment the offender receives depends on several factors, such as the presence of a deadly weapon or whether the victim sustained serious bodily injury or not.
Importance of Early Legal Representation
Juvenile criminal cases are a delicate matter, as being tried as an adult can have permanent and detrimental effects on a minor’s life. An adult criminal conviction will follow them into the age of majority and affect their housing and employment opportunities. Several studies have also demonstrated that youths who enter the adult criminal justice system are much more likely to recidivate than their peers who are kept in the juvenile system.
All of these reasons stress the importance of working with an experienced juvenile criminal defense lawyer. In many cases, an attorney can argue for a lower charge to avoid having the minor tried in an adult court. Minors generally cannot be tried as adults for non-violent offenses, so agreeing to a charge reduction to avoid trial as an adult can be a viable strategy to maximally safeguard their freedom and liberties. An attorney can also work with the courts to find non-carceral punishments aimed at rehabilitation.
Contact Our NJ Aggravated Assault Lawyer for Help
It is hard to overstate the impact a criminal conviction can have on a minor’s life. If you or a loved one are facing an adult criminal charge, an attorney from Keith Oliver Criminal Law can review your case and help you understand your legal rights and options. Contact us online or call today for a free case review with a juvenile aggravated assault lawyer in Freehold, NJ.
