All states have criminal justice systems that treat juvenile offenders differently from adult offenders. However, New York is one of just two states in the entire country that allow prosecutors to seek adult sentences for 16-year-old kids and 17-year-old kids who have been convicted of crimes.

The reason the NY juvenile court system exists in the first place is that lawmakers recognize that there is a meaningful difference between fully grown adults and still-developing children. While the adult criminal justice system emphasizes punishment and deterrence, the juvenile justice system emphasizes rehabilitation and recovery. The idea is that children should be afforded an opportunity to learn from their mistakes and improve their lives so that they can make meaningful contributions to society in the future. That’s why minors are typically tried in NY family courts, where judges and prosecutors can make arrangements for the juvenile offenders to get the help they need going forward.

Juveniles Tried as Adults Face Severe Penalties

Not all minors are tried in family courts, though. Once a child turns 16, they automatically reach “adult” status in the eyes of the NY criminal justice system. This means that they will be charged as adults and can receive adult sentences if convicted. Beyond that, a child as young as 13 can potentially be tried as an adult if they have been accused of committing a violent crime such as murder, aggravated assault, rape, or robbery.

When a juvenile is sentenced as an adult and gets sent to state prison, they may be subject to physical abuse, sexual abuse, and emotional abuse from which they will never recover. Additionally, juveniles incarcerated side by side with adult offenders are far more likely to become repeat offenders because they are surrounded by career criminals who may be looking for new recruits.

Thousands of juveniles who are either 16 years of age or 17 years of age are prosecuted as adults in New York annually. Moreover, children even younger than 16 can be tried as adults in NY criminal courts. Each year, more than 600 minors between the ages of 13 and 15 are tried as adults. Although most of these juvenile defendants are accused of committing violent crimes like murder and assault, the reality is that they are still not equipped – physically, mentally, or emotionally – to handle a prison sentence.

 

If your child was arrested and charged with a crime in NY, you should speak with a qualified criminal and juvenile defense lawyer immediately. The experienced, aggressive criminal defense attorneys at the LaDuca Law Firm can help your son or daughter fight the criminal charges and avoid the most severe penalties. Contact us today to schedule a consultation at our office in Rochester, New York.