Juvenile Simple Assault

A schoolyard shove. A heated threat sent over text. Even an intimidating stare that puts another in fear of harm. Any of these actions can result in a juvenile simple assault charge—and many parents are shocked to learn just how low the bar is. Simple assault doesn't require serious injury or physical contact in some cases. For a young person, that charge can mean appearing in juvenile delinquency court, facing penalties like probation or detention, and having a court record. Fortunately, the juvenile justice system focuses primarily on rehabilitation. Many first-time offenders have options that keep them out of formal court proceedings entirely.

Can a Minor Be Charged With Assault?

A juvenile can be charged with simple assault for injuring or threatening to injure another person, attempting to injure another person, or even making another person afraid of physical harm. In this day and age, fights, threats, and roughhousing that were once considered a part of growing up can lead to serious charges and consequences.

What Is a Simple Assault Charge for a Juvenile?

The legal definition of a crime applies to both adults and juveniles. Most states define simple assault as:

• causing injury to another person
• attempting to cause injury to another person
• threatening (verbally or nonverbally) another person, and
• putting another person in fear of imminent harm.

The injury to the victim doesn't need to be serious. Bruising, pain without visible bruising, or scratches are often enough for criminal charges. In fact, some state laws don't require any injury to, or even physical contact with, the victim for simple assault charges.

For example, depending on which state you are in, shoving or hitting someone could lead to a juvenile assault charge, but so could threatening to hit someone. Even saying nothing, but merely looking at someone in a mean way, could be considered simple assault, depending on the circumstances.

(Causing serious injuries—such as lacerations, sprains, broken bones, or prolonged pain—can result in a felony aggravated assault charge and severe punishment.)

How Does Juvenile Court Work for Assault Charges?

While the definition of a crime is the same for an adult and a child, the court process is different. Children under the age of 18 who are charged with offenses are usually not dealt with in the adult criminal justice system but are, instead, handled through a special juvenile justice system.

In the juvenile justice system, proceedings are often informal, and the case may be disposed of without official charges ever being filed. The court’s ultimate decision or sentence focuses on rehabilitation rather than punishment and is often tailored to the particular juvenile. Usually, but not always, children are treated more leniently in the juvenile justice system than they would be if they were "sent up" to adult court.

What Rights Does a Juvenile Have in Court?

Juveniles don't have the same constitutional rights as adults. While a juvenile usually has a right to an attorney, in many states there's no right to a jury trial, and proceedings occur before a judge. While adults cannot be convicted of a crime unless the judge or jury finds the defendant guilty beyond a reasonable doubt, this standard applies only to juveniles who are facing incarceration. The juvenile court may impose other consequences on a juvenile after finding it more likely than not that the juvenile committed assault.

Can a Juvenile Be Tried as an Adult for Simple Assault?

In many states, juveniles can only be tried as adults when accused of committing felony offenses. Simple assault is a misdemeanor offense, so it's highly unlikely the juvenile would end up in adult court.

What Are the Penalties for Juvenile Simple Assault?

While an adult might face jail time for a misdemeanor, the same isn't generally true for a juvenile. Juveniles can be sent to juvenile detention centers, but it's unlikely a judge would impose this level of punishment for a misdemeanor-level offense. This type of punishment is generally reserved for more serious offenses and offenders.

Juvenile judges tend to have a lot of discretion and flexibility when crafting a punishment (called a disposition) for juveniles. The consequences for a juvenile found delinquent of committing simple assault might include:

• community service
• probation
• restitution (repayment to the victim for medical bills, lost wages, or other expenses)
• anger management classes
• counseling
• alcohol or substance abuse treatment
• driver's license suspension, or
• fines.

The court can also order the parents to undergo counseling or require family counseling.

A judge might impose these punishments informally through a diversion program. If the juvenile successfully completes the diversion program, the judge can dismiss the case.

Who Can Access Juvenile Assault Records?

While state laws generally provide more protection for juvenile records than adult records, this doesn't mean all juvenile records are confidential. Often, the victim will have access to these records, and the court may be required to send certain records to the juvenile's school. Police, prosecutors, and judges can view juvenile records when making future charging and sentencing decisions in juvenile or adult court.

Juvenile records aren't usually available to the general public, so future employers and landlords won't likely have access to the records. However, if the juvenile applies for any type of sensitive position later in life (such as law enforcement, teaching, or healthcare), these employers will likely see the record.

Contrary to popular belief, juvenile records don't necessarily go away once the person turns 18. The juvenile should check out their state's laws to see if and when their record qualifies for expungement.

Should You Hire a Lawyer for Juvenile Assault Charges?

An attorney can help you understand the juvenile justice system and obtain the best outcome for you or your child. Sometimes in juvenile court, the best option is to proceed informally without being represented by an attorney, but you may want to consult with an attorney before making that decision. The reality is that a juvenile record can follow a child for a long time, so it may be worth hiring an attorney to minimize the impact of juvenile charges.