Articles Tagged with juvenile crime

You teach your child to avoid danger and to protect themselves when appropriate. You also teach them not to start fights or try to hurt other people. It can be quite confusing for kids. Across the country, fights and other violent acts are taking place in schools. The causes of these incidents can vary, but it is nonetheless a serious problem for all of us. 

In some situations, a person may engage in violence as a result of trying to defend themselves against physical harm by another party. If self-defense can be shown, the legal criminal implications will be much less than if the aggressive actions were intentional and unprovoked.

If your child was involved in a physical altercation in which law enforcement had to intercede, it is best to connect with an experienced criminal defense lawyer as soon as possible. If you believe that your child was the victim of an attack and acted in self-defense, it will take a proficient and knowledgeable legal professional to help make the case. David M. Boertje is a San Diego criminal defense attorney who can help your family should your child find themselves facing criminal charges.

Can Minors Plead Self-Defense?

When it comes to physical violence, there is assault and then there is the battery. California’s assault and battery definitions are not the same. The two are quite different. Assault happens when a person has the ability to inflict harm and attempts to inflict harm on another person. For example, if a person tries to push another party but no harm was inflicted, it can still be considered assault.

By contrast, battery takes place when someone attempts to harm another party and succeeds. So if the damage inflicted on another party did cause injuries and harm, then the crime would no longer be assault but rather elevated to battery.

When an adult is facing an assault and/or battery charge, they will be processed in the criminal justice system. The result is likely going to be some severity of punishment in the form of prison time and potentially a costly fine. Not to mention, the blemish on the person’s record will reflect poorly on them when they try to get a job, apply for a loan, or take part in other life opportunities.

For juveniles, though, the case is likely to be adjudicated in the juvenile court system. The main difference between the criminal justice system and the juvenile court system is that the former relies on punitive actions while the latter emphasizes rehabilitation.

As long as a young person under the age of 18 did not commit an egregious act that warrants the adult criminal justice system, they can get a second chance in the juvenile system. Though, if your child is convicted of assault or battery, their school may take action such as expulsion due to zero-tolerance rules. This is why having a skilled criminal defense lawyer advocating for your child is so critically important. Continue reading

The Guardian came out with an interesting piece on the enforcement of local curfew ordinances and their effect on youth. In the city of San Diego, it is illegal for anyone under the age of 18 to be out past 10pm. The city, using its police department, runs sweeps looking for minors out past curfew in all nine districts. Sometimes the SDPD makes dozens of arrests a night.

Conceived as a crime-reduction tactic, curfews were promoted during the “tough on crime” era of the 1990s. They were motivated by the reasoning that parents should know where their minor children are. In California, the city of Monrovia was the first in the state to enact a curfew ordinance. They touted its successes and from there, curfew ordinances spread like wildfire.  These ordinances remain in place decades later.

The strictness of curfews varies by city and state. Baltimore, Maryland, for example, has one of the strictest curfews in the country, while the city of Denver, Colorado only enforces curfew during the summer while school is out. According to available FBI data, there were 2.6 million curfew arrests in the US between 1994 and 2012.

Studies by the American Civil Liberties Union have shown that curfews, while well-intended,  are racially biased and only enforced in poorer, minority-filled areas.

Legal Details of San Diego’s Curfew Ordinance

San Diego’s curfew ordinance is specifically found in San Diego Munic. Code § 58.0102. Under its regulations, a minor under the age of 18 cannot be out without being accompanied by a parent or guardian during the week. Those in violation are cited and subsequently sent to a youth diversion program. Parents can also be cited if they knowingly permit their minor child to be out in public during curfew hours. Additionally, curfew hours differ by jurisdiction. In east San Diego, curfew hours are between 10pm and 6am. In Del Mar, Solana Beach, Poway, Escondido, Chula Vista and Coronado they are from 11pm to 5am.

The statute specifies 10 legal exemptions, such as coming home from a game/school activity or job, being involved in an emergency, or running an errand at the direction of your parent. Continue reading

Contact Information