Oklahoma Blog: Criminal Law Situations

While crimes committed by juveniles are rarer than those committed by adults, they still make up a meaningful amount of criminal activity in Oklahoma. However, not all juvenile crimes are a result of poor home life, poverty, etc. Like adults, any young person can be charged with criminal activity, regardless of their socioeconomic status or upbringing. If someone you know is facing a charge of juvenile criminal activity, below you will find information on what to expect and how to proceed in hiring an expereinced Oklahoma City defense attorney.

Juvenile Crime: Youthful Offender vs. Charged as an Adult

A young defendant has a much more encouraging situation if he or she is prosecuted as a youthful offender in lieu of adult charges for two specific reasons:

1. Many youthful offenders will be put through rehabilitation as opposed to a prison sentence that would likely come from being charged as an adult.
2. Juvenile records remain sealed unless a motion is brought before the court, meaning that upon completion of court-sanctioned rehabilitation, no public record of convictions or court proceedings will exist, allowing for greater opportunities for the future of the defendant.

Under certain circumstances, a prosecutor may file a motion to move jurisdiction into an adult court at his or her discretion, which necessitates a skilled legal defense.

 

Violent Juvenile Crime: An Adult in the Eyes of the Law

A juvenile criminal defendant may be tried as an adult (assuming the defendants age is fifteen, sixteen or seventeen) for the following:

1. Murder in the second degree
2. Kidnapping
3. Manslaughter in the first degree
4. Robbery with a dangerous weapon or attempt thereof
5. Robbery with a firearm or attempt thereof
6. Rape in the first degree or attempt thereof
7. Rape by instrumentation or attempt thereof
8. Forcible sodomy
9. Lewd molestation
10. Arson in the first degree or attempt thereof
11. Any offense in violation of Section 652 of Title 21 of the Oklahoma Statutes shall be held accountable for his acts as a youthful offender

Similarly, a juvenile defendant aged sixteen or seventeen may be tried as an adult for the following:

1. Burglary in the first degree or attempted burglary in the first degree
2. Battery or assault and battery on a state employee or contractor while in the custody or supervision of the Office of Juvenile Affairs
3. Aggravated assault and battery of a police officer
4. Intimidating a witness
5. Trafficking in or manufacturing illegal drugs
6. Assault or assault and battery with a deadly weapon
7. Maiming
8. Residential burglary in the second degree after two or more adjudications that are separated in time for delinquency for committing burglary in the first degree or residential burglary in the second degree
9. Rape in the second degree
10. Use of a firearm while in commission of a felony, shall be held accountable for his acts as a youthful offender.

Juvenile Offender Rights in OK

If your child has been charged with a crime, you must act immediately to secure a skilled legal defense.  Contact the Oklahoma City juvenile defense attorneys at Atkins & Markoff for a consultation.

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