Dayton, OH asked in Criminal Law for Ohio

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?

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2 Lawyer Answers

Patrick DiChiro

  • Criminal Law Lawyer
  • Independence, OH

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.

Pat DiChiro

Matthew Williams

  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

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.

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