Crimes committed by infants can be prosecuted in either the Family Court (in a juvenile delinquency proceeding) or in the Criminal Court ( as a juvenile offender ) depending upon the nature and severity of the charges and the age of the person charged .
Generally , any youth between the ages of seven and fifteen who is charged with an act that would constitute a crime if committed by an adult ( one over the age of sixteen ) can be prosecuted in the Family Court as a “juvenile delinquent†. Such person possesses most of the same statutory and constitutional protections ( due process rights ) that an adult prosecuted in the Criminal Court has . One exception is that in the Family Court , guilt or non-guilt is decided by a Family Court judge ( as opposed to a jury ) after a fact-finding hearing ( as opposed to a trial) .
In Family Court , there are a variety of available dispositions ranging from dismissal of the charges to placement of the offender in a secure facility run by the Division for Youth .[1]
A child (thirteen years of age ) who is charged with Murder in the Second Degree or a sexually motivated felony can be charged in the Criminal Court as a “juvenile offender†. Similarly , a child who is fourteen and fifteen years old , who is charged with any crime from a certain list of violent felony offenses can also be charged in the Criminal Court as a “juvenile offender†.
Generally , children charged as Juvenile Offenders face mandatory upstate ( more than one year ) jail time if they are convicted of the crime charged unless they qualify for “Youthful Offender†treatment or unless their prosecution can be diverted or removed to Family Court .
Children , aged sixteen to eighteen , charged with any type of criminal activity (even misdemeanors) are prosecuted in the Criminal Court . If a dismissal , diversionary program or reduction of charges to a non-criminal level cannot be achieved , defense counsel will focus his or her efforts on obtaining what is known as a “Youthful Offender†adjudication . This replaces a criminal conviction so as to prevent the client from having any criminal record and also reduce the child’s exposure to having to serve time in jail .
Victor Knapp , Esq. has over 30 years of experience in representing children charged with various offenses in both the Criminal Courts and Family Courts  of New York as well as in Federal Court . Realizing the sensitivity , dynamics and importance of early intervention in representing children , Victor Knapp has been very successful in obtaining favorable dispositions for such clients .
[1] Other potential dispositions include an adjournment in contemplation of dismissal (ACD) , conditional discharge , probation , placement at home or with a suitable relative or private person , placement with the Commissioner of Social Services ( foster home or another authorized agency ) , and non-secure or limited secure placement .
CLICK NOW FOR YOUR CASE EVALUATION
OR CALL 24 HOURS/7 DAYS 718-263-9000
