Punishment for a juvenile who commuted assault and battery?

InfernalThrone

A lot of the punishment/sentence depends on where you live. From what it sounds like you don't really have the option of pleading not guilty or winning a trial since witnesses were present and would be summoned to testify in a trial. It all depends on the situation and any related exceptions, such if drugs or alcohol were involved, shoplifting, etc. It all depends on what the DA believes that they can get a conviction on. Since it was clearly not a matter of self defense, the DA can charge you with almost anything up to and including aggravated assault. If you have already been arraigned at a pretrial, you should have an idea of what you are looking at if the prosecutors have presented you with a plea bargain, therein they will lay out what they will charge you with and what they will recommend to the judge as sentencing. Ultimately it is up to the judge whether s/he accepts the punishment offered by the prosecution. Your representation can also work with the DA to try and get you a lighter sentence or lesser charges.

Yet ultimately these cases are very unpredictable, until you sign a deal and stand before the judge at a sentencing hearing. You can request for immediate sentencing as well. It is also entirely possible that you can also be indicted in a civil suit if the victim decides to seek compensation for damages.

But long story short, in a worst case scenario, and IF the DA pushes to try you as an adult, which is surprisingly not as unlikely as it may seem, being you're first offense you could be looking at incarceration, usually no longer than 12 months for assault and battery - 1st offense, as well as a hefty dose of court fees, fines, probation and community service

While the jail time is definitely possible, more than likely a DA will offer you a deferred judgement or a deferred sentence followed by a lengthy probation of at least probably 2 years. And jail would be the alternative if you don't follow the set parameters of the probation.

Someone you may want to know.

Ha. Wow, you made my day. If you weren't stealing, then just save yourself the pain and time and just do what the darn employee wants to do. Argument only reinforced his suspicions that you were stealing, and the fact that you PUNCHED him only made it worse. What were you thinking?

-Lecture over-

Umm, seeing how you didn't have a previous record, I don't think the punishment will be too severe. However, if the employee decides to press charges, you might be seeing some court time. My suggestion: Swallow your pride, and just do what authority tells you. Once you turn 18 you can get a passport and leave to Australia for all I care, but as long as you're in the US, you have to adhere to it's laws.

calzrhe

Well alright, here are your rights according to the 5th, 6th, and 8th Amendment, so make sure they don't take them away from you:

Amendment 5 -
You have the right to not testify against yourself.
You have the right to due process.

Amendment 6 -
You have the right to be tried by jury.
You have the right for an attorney to be provided for you by the state, if you cannot afford one.
You are "innocent, until proven guilty" (so if they want to convict you with aggravated assault, they are going to have to prove that you struck the guy with a dangerous weapon).
You have a right to a speedy trial, meaning they cannot hold you too long and take their sweet time to give you that trial.

Amendment 8 -
No excessive bail.
No cruel or unusual punishments.

Good luck. It's not completely your fault, but you just didn't make the wisest moves.

Amendment 7 just says that both parties have the right to be tried by jury in a civil case (not criminal, Amendment 6 was criminal). As long as one party wants to be tried by jury, then it has to happen. So it's up to you whether you feel more comfortable with a jury deciding your sentence or a judge.

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