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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1095
Experience:  Experienced and knowledgeable criminal defense attorney.
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What are the rights of a 17 year old female being charged for

Resolved Question:

What are the rights of a 17 year old female being charged for assaul and conspiracy of bodily harm
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
Hello! If you find my response helpful, please rate it positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Q) What are the rights of a 17 year old female being charged for assault and conspiracy of bodily harm?

The short answer is "all the same rights as an adult charged with the same charges." The landmark case In re Gault from 1967 states that (almost) all the same rights and rules apply to juveniles as to adults. You have the right to remain silent, the right to an attorney, the state must prove you guilty beyond a reasonable doubt, you have the right to confront and cross examine witnesses and to call witnesses on your own behalf.

You probably do not have the right to a jury trial if you are charged as a juvenile in a juvenile court. If you are charged as an adult, you certainly have the right to a jury trial. Most states are set up this way.

Juvenile law is designed more toward rehabilitation and not as focused on punishment as adult criminal law. Also, if you were convicted, you may have an easier time getting the conviction expunged (i.e. taken off) from your criminal record. So, there are definite advantages to being charged as a juvenile.

I hope this helps you. If so, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
Customer: replied 1 year ago.

can you please tell me what she could be facing if found guilty

Expert:  S. Huband, Esq. replied 1 year ago.
Hello. I'd be happy to help you. However, I see you rated my service as "poor". Is that because you meant to ask this question:

Q) Can you please tell me what she could be facing if found guilty?

I correctly answered the initial question you posed. If you meant to ask a different question, and I answered a question that you did not ask, that is not a valid reason to assign a negative rating. Please withdraw or reverse the negative rating. Contact customer service if you need assistance.

As for your second question, there are numerous variations of "assault" under the Texas Code, so I need to know more about the assault. Is she charged with simple assault, i.e. just getting into a fight, or using a deadly weapon, or aggravated assault? What are the factual allegations against her? Do you know the particular code section under which she is charged?

Thanks for your help,
Shuband
Customer: replied 1 year ago.

it was a fight and she did do bodily injury on the other student but with her fist

Expert:  S. Huband, Esq. replied 1 year ago.

Thanks for the update. I would appreciate your removing the negative rating from my previous response at your earliest convenience. Thank you for your prompt attention to this matter.

According to the Texas Code for assault, aggravated assault is a second degree felony. The punishment range is between 2 to 20 years in prison and a fine of up to $10,000. Aggravated assault is an assault with a deadly weapon, or without a deadly weapon where significant bodily injury occurs.

Conspiracy to commit aggravated assault is punishable as a third degree felony. The punishment range is between 2 to 10 years in prison and a fine of up to $10,000.

I hope this answers your question. If so, please rate my response positively and withdraw your previous negative rating. Doing so will NOT cost you any additional fee.

Thank you,
Shuband

 

PS: I will be away from my computer until tomorrow morning (Thursday, 4/11/13). If you need additional assistance I will do my best to assist you then.

Customer: replied 1 year ago.

this applies to my 17 year old neice the one who is being charged right?

Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the update.

The law of Texas applies to everyone, regardless of age, who commits or is accused of committing a crime in Texas. The procedures may differ as to how an adult is prosecuted versus how a juvenile is prosecuted. But the law is the same.

I am making some assumptions about which code section is the one your niece has been charged with. I am basing my assumptions on what you described as the facts of the case ("it was a fight and she did do bodily injury on the other student but with her fist") and the fact that your niece is charged with conspiracy. Texas, like most states, does not allow for a conspiracy to commit a misdemeanor. So, she is not accused of misdemeanor assault. Thus, the underlying assault charge must be a felony assault. The assault range of punishment I described above is the one that, based on the information you've provided, best fits the alleged crime.

So, if your niece is in Texas, then yes, the law and punishments cited above are what most likely applies to her.

Thanks,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1095
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 6 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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