If a Child Brings a Knife to School, Could They be Charged as an Adult?

A recent incident at Century High School in Rochester, Minnesota has raised concerns about the possibility of a 15-year-old student being charged as an adult. The student was arrested for allegedly bringing a knife to school and threatening both classmates and a teacher. This article by Jack Rice Defense explores the circumstances surrounding the incident, potential charges, and the likelihood of the student facing prosecution as an adult. If you your child has been arrested or charged with a crime, make sure you have an experienced Minnesota criminal defense attorney by your side.

The Incident

According to reports, the incident occurred on Wednesday when school staff alerted a school resource officer about a fight involving several students. It was alleged that the 15-year-old student brandished a knife, threatening other students and a teacher. A staff member was able to safely confiscate the knife, and the student was taken into custody.

Charges and Potential Consequences

The student now faces serious felony charges, including second-degree assault with a dangerous weapon, threats of violence, and possession of a dangerous weapon on school property. In addition, there is a possibility they may also be charged with misdemeanor fifth-degree assault and disorderly conduct brawling. The real concern is whether this could end up on their permanent record.

Prosecution as an Adult

In Minnesota, if a child is 14 years of age or older and is accused of certain types of offenses, they may be charged as an adult. Prosecutors will typically attempt to move cases involving sex crimes and serious acts of violence to adult courtrooms, seeking adult sentences, including potential adult prison time. However, this could also happen with 2nd Degree Felony assault cases.

Criteria for Adult Certification

To determine whether a child should be tried as an adult, the court assesses several factors. These include whether the offense is considered dangerous, whether a weapon was involved, whether the offense is a felony, and whether the offense carries a presumptive prison sentence for an adult.

Burden of Proof and Shifting Burden

The burden of proving the need for adult certification varies depending on the age of the child. If the child is 14 or 15 years old, the presumption is that the case should remain in juvenile court, with the burden on the state to prove otherwise. However, if the child is 16 or 17, the presumption shifts, and the burden is on the defense to argue against adult certification.

The Hybrid Approach - Extended Juvenile Jurisdiction

In certain cases, an alternative approach known as extended juvenile jurisdiction may be considered. This approach allows the court to maintain jurisdiction over the child until the age of 21, rather than terminating it at 18. This means that the child could face both a juvenile court sentence and a stayed adult court sentence. If the conditions of the juvenile court sentence are not met, the adult court sentence may be imposed.

Seeking Legal Advice

If your child is facing serious charges that could result in adult certification, it is crucial to consult with an experienced Minnesota criminal defense attorney. By engaging the expertise of a Board Certified Criminal Law Specialist, you can receive guidance on navigating the legal process and ensuring the best possible outcome for your child.

Conclusion

The case of the 15-year-old Rochester student who allegedly brought a knife to school and threatened students and a teacher raises questions about the potential for them to be charged as an adult. While certain criteria and burdens of proof come into play, it is crucial to seek professional legal advice to understand the specific circumstances of the case and the options available. By consulting with a skilled attorney, parents can ensure their child's rights are protected throughout the legal process.

Jack Rice is a nationally known criminal defense attorney, a former prosevutor and a Board Certified Criminal Law Specialist. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Juvenile charges could easily turn into adult problems.