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FREE CASE REVIEW

Special Offenders

A juvenile facing criminal charges may be classified as a “special offender”. There are various types of special offenders: a mandatory sentence offender, a repeat juvenile offender, a violent juvenile offender, and an aggravated juvenile offender.

 

A juvenile is a mandatory juvenile offender if he or she has been adjudicated as a juvenile delinquent twice, or has been adjudicated a juvenile delinquent and his or her probation has been revoked for that act and is subsequently adjudicated a delinquent or has probation revoked due to a delinquent act.  Any juvenile who is adjudicated as a mandatory sentence offender must be placed outside of the home for not less than one year, unless the court holds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate.

 

A juvenile is a repeat juvenile offender if he or she has previously been adjudicated a juvenile delinquent and is adjudicated a delinquent for a delinquent act that would constitute a felony if committed by an adult or if his probation is revoked for a delinquent act that constitutes a felony.  Any juvenile adjudicated as a repeat juvenile offender also must be placed outside of the home for at least one year, unless the court determines that an alternative sentence or a commitment of less than one year out of home would be more appropriate. However, an individual sentenced as a repeat juvenile offender may be placed in the county jail if he is eighteen or older at the time of his sentencing.

 

A juvenile is a violent juvenile offender if he has been adjudicated for an act that would constitute a “crime of violence”. An individual sentenced as a violent juvenile offender must be placed outside of the home for at least one year, unless he is between ten and twelve years of age, and the court finds that an alternative sentence would be more appropriate.

 

A juvenile is an aggravated juvenile offender if he is: (1) adjudicated a juvenile delinquent for a delinquent act constituting a class 1 or 2 felony, or if his or her probation is revoked for a delinquent act that constitutes a class 1 or class 2 felony; or adjudicated for a delinquent act constituting a felony, and either subsequently adjudicated for an act constituting a crime of violence, or has his probation revoked for an act constituting a crime of violence; or (3) adjudicated a juvenile delinquent or has his probation revoked for an act constituting felonious unlawful sexual behavior or aggravated incest.

 

Even if your child does fit one of these special offender classifications, the help of an attorney can be critical in avoiding a lengthy placement outside of the home.

 

If your child has a pending case in juvenile court and faces possible special offender classification, contact Denver Juvenile Crimes Defense Attorney Kimberly Diego today for a free consultation at (720) 257-6346.