Yes. Children under age 19 have three separate and distinct categories they can be placed under, depending on the circumstances:  Adolescent Offender, Juvenile Offender, and Juvenile Delinquent.  They may sound the same but are handled very differently. Also, there is an additional circumstance that may apply called a “Youthful Offender”.

A youthful offender adjudication is available for anyone between the ages of 14 and 19 who has committed certain criminal offenses.

A person is sentenced as a youthful offender in criminal court only after a resolution of the criminal case by plea or a conviction after trial. A person who receives a “youthful offender” sentence receives the benefit of a sealed record and no criminal conviction but may still have to complete a sentence which may include jail, prison, and/or probation or parole.

Adolescent Offenders are 16 or 17 years old who are charged with a felony.  These cases may be handled in criminal court or Family Court. An adolescent offender will start in criminal court and be transferred to Family Court for resolution or trial. In Family Court, the Adolescent Offender label is changed to Juvenile Delinquent, which is much more favorable to the child.

Juvenile Offenders are 13, 14, or 15 years old and charged with a serious or violent felony.  As with Adolescent Offenders, the case starts in criminal court but can be transferred to Family Court where they are treated like Juvenile Delinquents.

Juvenile Delinquents are over the age of 7, but less than 18, and do something that would otherwise be considered criminal if done by someone older.  If the case remains in family court, the penalties a Juvenile Offender faces are less than an Adult Offender.

Juvenile Delinquents can be any child between the ages of 8 and 17 (“over 7 and under 18”).

Children between the ages of 8 and 12 will receive this designation regardless of the allegations.  However, children older than age 12 may receive this designation or the designation of a Juvenile Offender. Children over 16 may receive this designation or the designation of Adolescent Offender.

Ultimately, being treated as a Juvenile Delinquent is BETTER than a Juvenile Offender, which is BETTER than an Adolescent Offender.  This is because the potential penalties grow progressively harsher as the child gets older. However, any of these designations are vastly better than being charged as an adult in a criminal court.  It is always better for a case to be handled in Family Court if possible.

All children have rights in court, including the presumption of innocence and the right to go to a trial.  A prosecutor will handle the prosecution of the case against the child and a judge will hear the evidence against the child. The child has a right to a lawyer, a right to testify and a right to call witnesses. It is critical that a youth is given an opportunity to build a relationship with a lawyer who will do everything possible to ensure the child understands as best they can and protects the child like their own. A criminal or family court lawyer who handles these types of cases can conduct the trial or negotiate a settlement on behalf of the child.

Punishments in the juvenile realm are vast, but can include:

• Orders of Protection
• Payments of Restitution
• Letters of Apology
• Community Service
• Probation or Community Supervision
• Removal and Placement in a juvenile facility
• Jail or Prison, but only if the juvenile is treated as an adult, in criminal court.

When a person is convicted of a crime, a Judge is responsible for determining the sentence that person will receive.  This is appropriately called the “sentencing” phase of a criminal case.  What some people do not realize, however, is that sentences can vary wildly based upon the discretion of the particular judge assigned to oversee your case and how that Judge feels about the facts and circumstances of your case.  A criminal defense lawyer will argue for a youthful offender sentence at the time of the sentencing.

Your child will have a better chance at receiving a YO sentence if your criminal defense lawyer can argue that there is evidence of rehabilitation and demonstration of living a productive life including participation in educational and vocational programs, alcohol and substance abuse treatment and/or mental health treatment, and family and community involvement. If your child lacks a criminal record or played a minor role in the offense, that too will be important.