Assault & Battery Class C misdemeanor

[Kwanna]

Jurisdiction

Texas

I am 16. I was charged with assault by contact. There is a surveillance videotape of the altercation, but you cannot hear the individual threatening me. I've never been in any trouble. If I wanted to ask for deferred adjudication what would I plead?

 

[army judge]

I am 16. I was charged with assault by contact. There is a surveillance videotape of the altercation, but you cannot hear the individual threatening me. I've never been in any trouble. If I wanted to ask for deferred adjudication what would I plead?

If you're a minor (at age 16 you are a minor), your case will be handled by Juvenile Court.
Juveniles aren't charged with crimes.
Juveniles are said to be delinquent.
Juvenile Courts don't punish/
Juvenile Courts attempt to remediate negative behaviors, and juveniles are never convicted.
Juveniles are adjudicated, or said to be delinquent.

Okay, there's absolutely NOTHING you alone can do about this.

Your mother, father, both, or your legal guardian(s) must appear with you.

The court can't address your case unless, and until, the above adults appear with you.

Make sure your parents or guardians are informed, and appear with you.

If you really want to understand the process, read this handbook published by our TX AG.
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https://www.texasattorneygeneral.gov/files/cj/juvenile_justice.pdf
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If you have been charged in Dallas County, more informative reading:
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Juvenile Courthouse, Dallas County, Texas
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More helpful information:
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http://www.tyla.org/tyla/assets/File/JuvenileJusticeSystemLawGuideCover14P5WEB.pdf
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What could possibly happen to a juvenile in Juvie Ct:
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Important Definitions

A "juvenile" is a person who was at least 10 years old but not yet 17 at the time he or she committed an act defined as "delinquent conduct" or "conduct in need of supervision."

"Delinquent conduct" is generally conduct that, if committed by an adult, could result in imprisonment or confinement in jail.

"Conduct in need of supervision" is generally conduct that, if committed by an adult, could result in only a fine or conduct that is not a violation if committed by an adult, such as truancy or running away from home. It is referred to as a CINS violation.

"Adjudication" is a finding that a youth has engaged in delinquent or CINS conduct. It is similar to a "conviction" in adult court.

Referral to Juvenile Court and Possible Dispositions

A juvenile who engages in delinquent conduct or commits a CINS violation can be referred to juvenile court, where several things can happen. The juvenile can be dealt with informally and returned home.

If the county decides to charge the juvenile with delinquent conduct, the juvenile is afforded the same legal rights as an adult charged with a crime. In certain circumstances, the county can request to have a youth certified as an adult. If such is granted, the person is considered an adult for criminal purposes and will no longer be in the juvenile justice system. The rest of this overview does not apply to persons certified as adults.

If the juvenile is "adjudicated" for delinquent conduct, there are several possible disposition options, or outcomes, as follows:

The juvenile may be placed on probation; or
The juvenile may be sent to the Texas Juvenile Justice Department with an indeterminate sentence (only felony offenses); or
The juvenile may be sent to the Texas Juvenile Justice Department with a determinate sentence (only certain offenses).

A juvenile who is placed on probation (and not sent to TJJD) must be discharged from the probation by the time he or she turns 18.

A juvenile sent to TJJD with an indeterminate sentence must be discharged by the time he or she turns 19.

A juvenile sent to TJJD with a determinate sentence may be transferred to adult prison depending on his or her behavior and progress in TJJD programs.

Okay, very little should happen to you, legally.
You might be required to take an anger management class, a conflict resolution class, and/or how to make better choices class.

You could be ordered to undergo psychiatric exam.
You will be interviewed by probation authorities, and your school records will be reviewed.
You don't need to worry about "DA".
As a juvenile, none of this will be made public.

This, however, is a very big break for you, if you cooperate.
You can learn how NOT to break their laws.
You can learn how to become a better person.
You can learn to become a good citizen, better student, and productive member of society.

Good luck, and let us know how things end up for you.
I'm pulling for you.
You can and will do so much better.