Q: My boyfriend is being charged with aggravated assault, the incident happened around 3 months ago and the judge has
changed the court date 3 times, this last time changing it to 6 days after his 18th birthday. Can he still be charged for it since it happened when he was a minor? If he gets the charge will he have that on his permanent record? Will he be tried as an adult?
A: First off, I am not sure why the court date has been changed. But, if the matter happened when he was a minor, then he will be charged as a minor.
Aggravated Assault is a Felony of the 4th degree. Generally not serious enough to try a youth as an adult. So, that would be my take on the matter without knowing all the facts. I believe they will just treat him as a juvenile. Which means that the court has jurisdiction over him until his 21st birthday.
I hope the foregoing answers your question. I always recommend hiring counsel on a felony offense.
A: Yes, he can still be charged and prosecuted after he turns 18. He will probably remain in juvenile court, the charge is not serious enough to be transferred to adult court under most circumstances. Juvenile records can be sealed and later expunged, so it need not be with him forever. But he needs to work with an attorney to achieve the best possible outcome and to follow up on sealing and expungement of records.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.