Juvenile Offenses
Generally
Despite the public’s periodic clamor to get tough on juvenile crime, the juvenile justice system in Washington strives to recognize the difference between kids and adults. Whereas the adult system focuses on being punitive, the juvenile system works toward rehabilitation and lesser penalties. I think that it is safe to assume that everyone did something as a kid that they now regret and not look to repeat it as an adult.
Prior to going to law school, I worked extensively with kids in a variety of settings. After graduating from college, I spent a year as a full-time volunteer in a group home for emotionally disturbed kids in Helena, Montana. I then spent a year in the back country working with kids serving sentences in a wilderness program. Once back in Washington, I worked at Echo Glenn Children’s Center, a juvenile correctional facility. Regardless of the setting, I was constantly amazed and inspired by the kids’ spirit, energy and resilience.
Juvenile clients present a tremendous opportunity and a tremendous responsibility. I have the opportunity to assist them in a complicated, intimidating set of proceedings. It is a tremendous responsibility to make sure that every legal, factual and equitable defense is explored and used to my client’s advantage. I want to be sure that my clients get back on track and are given every opportunity to have a productive and fulfilling life in the future.
Sentencing Ranges
The sentencing ranges for juvenile offenses are set by the legislature. The sentence can range from community service to incarceration until the juvenile’s 21st birthday. The applicable range is determined by the seriousness of the offense and the juvenile’s prior adjudications
Decline to Adult Court
First, adult criminal courts exercise EXCLUSIVE ORIGINAL JURISDICTION over juvenile offenders who are 16 or 17 years old and whose alleged offense is:
- A. A serious violent offense;
- B. A violent offense and has a juvenile criminal history consisting of:
- i. One or more prior serious violent offenses;
- ii. two or more prior violent offenses; or
- iii. three or more of any combination of the following offenses:
- Any Class A felony,
- Any Class B felony,
- Vehicular Assault, or
- Manslaughter in the Second Degree,
- C. Robbery in the First Degree, Rape of a Child in the First Degree, or Drive-by Shooting committed on or after July 1, 1997
- D. Burglary in the First Degree committed on or after July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or
- E. Any violent offense committed on or after July 1, 1997, and the juvenile is alleged to have been armed with a firearm
Second, the adult criminal court may also assert jurisdiction over juveniles when the juvenile court uses its discretion to decline jurisdiction1. Unless expressly waived by the juvenile court, A DECLINE HEARING must be held in the following cases:
- A. The juvenile is 15, 16, or 17 years old and the alleged conduct (offense) constitutes a Class A felony or an attempt, solicitation, or conspiracy to commit a Class A felony;
- B. The juvenile is 17 years old and the alleged offense is any of the following: Assault in the Second Degree; Child Molestation in the Second Degree; Extortion in the First Degree; Indecent Liberties; Kidnapping in the Second Degree; or Robbery in the Second Degree; or
Any juvenile and the alleged offense is Escape and the juvenile is serving a minimum juvenile sentence to age twenty-one (21)
Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101
