New Jersey Juvenile Defense Attorney

Common Juvenile Crimes in New Jersey

Juvenile cases often mirror adult criminal charges. Some of the most frequently charged juvenile crimes in New Jersey include:

• Drug crimes – Minors found in possession of controlled dangerous substances (CDS) can be charged under N.J.S.A. 2C:35-10. Distribution or possession of harder drugs can lead to second- or third-degree charges.
• Sexual offenses – Juveniles can be charged with offenses like sexual assault (N.J.S.A. 2C:14-2) even in cases involving peer relationships or mutual consent, depending on age differences. A conviction can result in juvenile detention and potential sex offender registration under Megan’s Law.
• Assault – Simple assault and aggravated assault (N.J.S.A. 2C:12-1) are common in juvenile court, especially for school fights or threats.
• Theft – Theft offenses such as burglary (N.J.S.A. 2C:18-2) or robbery (N.J.S.A. 2C:15-1) are serious property crimes that may carry third- or second-degree charges. Minors convicted of theft may face long-term consequences, including detention.
• Shoplifting – Shoplifting is prosecuted under N.J.S.A. 2C:20-11. The crime includes actions like taking merchandise without paying, switching price tags, or under-ringing items. Penalties depend on the value of the items involved.
• Vandalism – Acts like graffiti or property damage fall under criminal mischief (N.J.S.A. 2C:17-3). Penalties vary based on the damage caused and whether the act endangered others.
• Computer crimes – Juveniles may face charges under the Computer Related Offenses Act for hacking, unauthorized access, identity theft, or cyberbullying, for example.
• Disorderly persons offenses – Offenses like public disturbances, minor altercations, or threats are disorderly persons offenses. Though considered lower-level, these can still carry serious collateral consequences, even for minors.

If your child is facing charges that are not listed here, we can still help. Contact William Proetta Criminal Law to discuss how we can protect your child’s rights and future.

Juvenile Sentencing Guidelines in New Jersey

Juvenile offenses are usually sentenced in family court, although some offenses start or are transferred to adult criminal court. Generally, New Jersey family courts prioritize rehabilitation over punishment.

Family court judges have broad discretion when sentencing minors. They typically consider the defendant’s age, prior history, family environment, and the nature of the offense. Sentencing options include:

• Deferred disposition – This outcome is usually for low-level, first-time offenses. If the minor completes conditions such as counseling or community service, the charge may be dismissed.
• Formal probation – Probation is supervised by the court and the Juvenile Probation Division. Conditions may include school attendance, curfews, drug testing, and counseling.
• Fines and restitution – Your child may be ordered to pay court-imposed fines or reimburse victims for stolen or damaged property.
• Community service – Community service is often imposed in combination with probation, especially in property or vandalism cases.
• Substance abuse or mental health treatment – This outcome might be required when the offense involves drugs, alcohol, or underlying behavioral health issues. It may include outpatient programs or residential treatment.
• Educational or vocational programs – Courts may require school attendance, GED completion, or participation in job training or life skills programs.
• Out-of-home placement – In more serious cases, minors may be sent to a residential facility or treatment home instead of a detention center.

In addition, eligible juveniles may be diverted from formal court proceedings through programs like the Juvenile Conference Committee (JCC) or Intake Services Conference (ISC). These programs allow your child’s case to be resolved informally with conditions like community service, apology letters, or counseling. Successful completion often results in dismissal of the charge.

Ideally, a juvenile offender who is found guilty will receive one of these punishments instead of incarceration time. However, in some cases, juvenile offenders may be sentenced to a juvenile detention center. The length of these sentences is typically less than they would be for an adult. In these cases, the basic sentencing guidelines are:

• Fourth-degree offense – Up to 12 months (18 months for adults)
• Third-degree offense – Up to two years (five years for adults)
• Second-degree offense – Up to three years (ten years for adults)
• First-degree crimes other than murder – Up to four years (20 years for adults)
• Felony murder – Up to 10 years (life sentence for adults)
• Knowing/purposeful murder – Up to 20 years (life sentence for adults)

Possible Defenses for Juvenile Crimes in New Jersey

Every juvenile case is unique. The best defense for your child depends on the specific facts involved. However, several defenses may apply to charges involving minors, especially when the crime was influenced by their immaturity, a misunderstanding, or peer pressure.

Some examples of potential defenses in juvenile crime cases include:

• Lack of intent – If the prosecution cannot prove intent to commit the crime, the charge may not hold.
• Mistaken identity – Your child may have been misidentified. That is common in group situations or school settings.
• Unlawful search and seizure – If law enforcement or school officials violated a minor’s Fourth Amendment rights, evidence may be suppressed.
• No probable cause for arrest – The arrest may not have been based on sufficient facts, particularly when school officials escalate minor conduct to criminal charges.
• False accusations – Sometimes, a child is accused of wrongdoing by someone with a motive to get them in trouble.
• Duress or coercion – Your child may have acted under threat or pressure from peers or older individuals.
• Consent – In some cases involving alleged sexual misconduct, consent may be a factor, although laws about the age of consent will complicate the issue.

In addition to these defenses, your attorney can advocate for diversion or a sealed record to minimize long-term harm.