Understanding Juvenile Crimes in Texas

Definition of a Juvenile Under Texas Law
In Texas, a juvenile is considered anyone between the ages of 10 and 17. When a minor commits an offense, they are typically handled within the juvenile justice system, which focuses more on rehabilitation than punishment. However, in serious cases, juveniles may be tried as adults.

How Juvenile Cases Differ from Adult Cases

• Juvenile cases are handled in juvenile court, not adult criminal court.

• Judges focus on rehabilitation over punishment whenever possible.

• Juveniles have the opportunity for record sealing after meeting specific conditions.

Common Juvenile Crimes in Texas

Theft and Shoplifting
Stealing items from a store or another person’s property is one of the most frequent juvenile offenses. The penalties vary based on the value of the stolen goods, with potential consequences including:

• Fines

• Probation

• Community service

How to Fight It:

• Prove lack of intent (e.g., accidental taking of an item).

• Challenge evidence or witness credibility.

Vandalism and Property Damage
Graffiti, breaking windows, or damaging property can lead to criminal mischief charges. Penalties depend on the cost of damage.

Defense Strategies:

• Argue lack of intent (e.g., it was an accident).

• Show mistaken identity.

Underage Drinking and DUI
Texas has a zero-tolerance policy for minors driving under the influence (DUI).

Penalties for Underage DUI:

• License suspension

• Heavy fines

• Mandatory alcohol education classes

How to Fight It:

• Challenge police procedures or breathalyzer accuracy.

• Seek deferred adjudication for first-time offenders.

Drug Possession and Distribution
Juveniles caught with illegal drugs, even in small amounts, can face serious charges.

Defenses Include:

• Illegal search and seizure

• First-time offender programs

Assault and Battery
Physical altercations, even minor ones, can lead to assault charges.

Defenses:

• Self-defense

• Lack of intent to cause harm

Cyber Crimes
Juveniles engaging in hacking, cyberbullying, or online threats can face felony charges.

Defense Options:

• Show lack of malicious intent

• Prove mistaken identity

Trespassing and Curfew Violations
Being in a restricted area or breaking city curfew laws can result in penalties like fines or community service.

Defense:

• Argue lack of signage or awareness.

Legal Defenses Against Juvenile Crimes

Lack of Intent
Many juvenile crimes require intent. If it can be proven that a child didn’t intend to commit a crime, charges may be reduced or dismissed.

Mistaken Identity
Misidentification is common. An attorney can challenge witness credibility and police reports.

First-Time Offender Programs
Texas offers diversion programs for minors to avoid criminal records if they complete rehabilitation requirements.

Illegal Search and Seizure
If police conduct an unlawful search, evidence can be dismissed.

Expungement and Record Sealing
Many juvenile records can be sealed after a certain period, allowing a fresh start.