Possession of Drugs

One of the most common juvenile crimes is possession of drugs. Oftentimes, when drugs are found on one person in a group, all people in that group get charged with the possession. There are defenses to these charges, especially if your child was not actually in possession of the drugs.

Also, the most important thing a parent can do to protect their child is to hire an attorney. Having an attorney working on the case as soon as possible can help the situation. It is a good moral lesson to teach your children to come clean to the police. But, more often than not the police officers can used interrogation techniques to confuse youths. The police might get them to say things they otherwise wouldn’t. So, having a lawyer present is important.

What is Possession?

“Possession” means an intentional control of the controlled substance accompanied by a knowledge of its character. Thus, in order for the state to convict of possession of any controlled substance, it must prove three separate things. (1) That the defendant knew the character of the substance. (2) That the defendant knew of its presence. Also, (3) that the defendant exercised dominion and control over it. The essence of exercising control over a controlled substance does not mean the act of control. But, it constitutes the act of having a position of control coupled with the requisite mental state. The control must get exercised intentionally. Also, it must happen with the knowledge of the character of the controlled substance. Depending on the circumstances the jury may infer that they knew of its character and presence.

For more information, please see our section devoted to drug possession defense on RuaneAttorneys.com.

Assault

Depending on the nature of the crime and the severity of the results, juveniles might face assault charges. Assault charges come from fighting or beating up others.

Assault in the First Degree: Class B Felony: Non-Suspendable Sentences (53a-59)

A person is guilty of assault in the first degree when:

(1) There exists intent to cause serious physical injury to another person. Also, they cause such injury to such person or to a third person. In addition, this happens by means of a deadly weapon or a dangerous instrument.
(2) There exists intent to intent to disfigure another person seriously and permanently. Or, to destroy, amputate or disable permanently a member or organ of their body. Also, the person then causes such injury to such person or to a third person.
(3) Under circumstances evincing an extreme indifference to human life they recklessly engage in conduct which creates a risk of death to another person, and thereby causes serious physical injury to another person.
(4) A person has intent to cause serious physical injury to another person. Then, while aided by two or more other persons actually present, they cause such injury to such person or to a third person.
(5) A person has intent to cause physical injury to another person. Then, they cause such injury to such person or to a third person.

Also, this happens by means of the discharge of a firearm.

Assault in the first degree is a Class B felony provided the following. (1) Any person found guilty under subdivision (1) of subsection (a) shall get sentenced to a term of imprisonment of which five years of the sentence imposed may not get suspended or reduced by the court. Also, (2) any person found guilty under subsection (a) shall get sentenced to a term of imprisonment. Ten years of the sentence imposed may not get suspended or reduced by the court. This happens if the victim of the offense is a person under ten years of age.

Also, it happens if the victim of the offense is a witness. This has a definition in section 53a-146, and the actor knew the victim was a witness.

Assault in the Second Degree: Class D Felony (53a-60)

(a) A person is guilty of assault in the second degree when:

(1) A person intends to cause serious physical injury to another person. Then, they cause such injury to such person or to a third person.
(2) A person intends to cause physical injury to another person. Then, they cause such injury to such person or to a third person. Also, this must happen by means of a deadly weapon. Or, it can happen with a dangerous instrument other than by means of the discharge of a firearm.
(3) They recklessly cause serious physical injury to another person. Also, this happens by means of a deadly weapon or a dangerous instrument.
(4) For a purpose other than lawful medical or therapeutic treatment, they intentionally cause stupor, unconsciousness or other physical impairment or injury to another person. Also this happens by administering to such person, without their consent, a drug, substance or preparation capable of producing the same.
(5) They are a parolee from a correctional institution. Also they intend to cause physical injury to an employee or member of the Board of Parole. Then, they cause physical injury to such employee or member.

(b) Assault in the second degree is a Class D felony.

Assault in the Second Degree with a Firearm: Class D Felony: One Year Not Suspendible (Sec. 53a-60a)

(a) A person is guilty of assault in the second degree with a firearm when they commit assault in the second degree as provided in section 53a-60. Also, in the commission of such offense they use or get armed with and threatens the use of or displays or represents by their words or conduct that they possesse a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction. But, such person may be charged and prosecuted for both such offenses upon the same information.

(b) Assault in the second degree with a firearm is a Class D felony. Also, one year of the sentence imposed may not be suspended or reduced by the court.

Assault in the Third Degree (CGS 53a-61)

(a) A person is guilty of assault in the third degree when the following happens. (1) With intent to cause physical injury to another person, they cause such injury to such person or to a third person. Or, (2) they recklessly cause serious physical injury to another person. Or, (3) with criminal negligence, they cause physical injury to another person by means of a deadly weapon, a dangerous instrument or an electronic defense weapon.

(b) Assault in the third degree is a Class A misdemeanor and any person found guilty under subdivision (3) of subsection (a) of this section shall be sentenced to a term of imprisonment. The prison term lasts for one year which may not be suspended or reduced.

Sex Crimes

In the last 20 years, the allegations of sex crimes have ballooned in our society. Also, they have grown similarly in the young adult and youth population.

Sec. 53a-70. Sexual Assault in the First Degree: Class B or A Felony

A person is guilty of sexual assault in the first degree when such person

(1) Compels another person to engage in sexual intercourse. This happens by the use of force against such other person or a third person. Or, it can happen by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person.
(2) Engages in sexual intercourse with another person. Also, such other person is under thirteen years of age. In addition, the actor is more than two years older than such person.
(3) Commits sexual assault in the second degree as provided in section 53a-71. Also, in the commission of such offense is aided by two or more other persons actually present.
(4) Engages in sexual intercourse with another person. Also, such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.
(1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a Class B felony. For this crime, two years of the sentence imposed may not be suspended or reduced by the court. Or, if the victim of the offense is under ten years of age, ten years of the sentence imposed may not be suspended or reduced by the court.
(2) Sexual assault in the first degree is a Class A felony. This happens the offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age. Or, it happens if the offense is a violation of subdivision (2) of subsection (a) of this section. Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment. Ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age.
(3) Any person found guilty under this section shall be sentenced to a term of imprisonment. Also, they get a period of special parole pursuant to subsection (b) of section 53a-28. Together, this constitutes a sentence of at least ten years.

Sec. 53a-71. Sexual Assault in the Second Degree: Class C or B Felony

(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and:

(1) Such other person is thirteen years of age or older but under sixteen years of age. Also, the actor is more than two years older than such person.
(2) Such other person is mentally defective to the extent that such other person is unable to consent to such sexual intercourse.
(3) Such other person is physically helpless.
(4) Such other person is less than eighteen years old. Also, the actor is such person’s guardian or otherwise responsible for the general supervision of such person’s welfare.
(5) Such other person is in custody of law or detained in a hospital or other institution. Also, the actor has supervisory or disciplinary authority over such other person.
(6) The actor is a psychotherapist and such other person is

• A patient of the actor and the sexual intercourse occurs during the psychotherapy session.
• A patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor.
• A patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception. Or, (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional. (8) The actor is a school employee. Also, the other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor. (9) The actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction. Also, the victim is such other person is a recipient of coaching or instruction from the actor and
• Is a secondary school student and receives such coaching or instruction in a secondary school setting.
• Is under eighteen years of age. Or, (10) the actor is twenty years of age or older. Also, the person stands in a position of power, authority or supervision over such other person by virtue of the actor’s professional, legal, occupational or volunteer status and such other person’s participation in a program or activity, and such other person is under eighteen years of age.

Sexual assault in the second degree is a Class C felony. Or, if the victim of the offense is under sixteen years of age, a Class B felony.

Also, any person found guilty under this section shall be sentenced to a term of imprisonment. Nine months of the sentence imposed may not be suspended or reduced by the court.

 Sec. 53a-72a. Sexual Assault in the Third Degree: Class D or C Felony

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) engages in sexual intercourse with another person whom the actor knows to be related to them within any of the degrees of kindred specified in section 46b-21.

(b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.

Sec. 53a-73a. Sexual Assault in the Fourth Degree: Class A Misdemeanor or Class D Felony

A person is guilty of sexual assault in the fourth degree when:

(1) Such person intentionally subjects another person to sexual contact who is (A) under fifteen years of age, or (B) mentally defective or mentally incapacitated to the extent that such other person is unable to consent to such sexual contact, or (C) physically helpless, or

(D) less than eighteen years old and the actor is such other person’s guardian or otherwise responsible for the general supervision of such other person’s welfare, or (E) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person.

(2) Such person subjects another person to sexual contact without such other person’s consent.
(3) Such person engages in sexual contact with an animal or dead body.
(4) Such person is a psychotherapist and subjects another person to sexual contact who is:

• A patient of the actor and the sexual contact occurs during the psychotherapy session.
• A patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor.
• A patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception. Or, (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional. Or, (6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor. (7) Such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and:
• Is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor’s professional, legal, occupational or volunteer status and such other person’s participation in a program or activity, and (B) such other person is under eighteen years of age.

Sexual assault in the fourth degree is a Class A misdemeanor or, if the victim of the offense is under sixteen years of age, a Class D felony.

Larceny

A common charge against juveniles and youthful offenders is larceny, which ranges from petty offenses, like shoplifting a candy bar to much more serious offense like stealing a car. The larceny statutes have recently been amended to change the dollar amounts associated with the crimes, but there are defenses to the charges. Please contact us for assistance in your child’s defense.

Sec. 53a-122. Larceny in the First Degree: Class B Felony

(a) A person is guilty of larceny in the first degree when they commit larceny, as defined in section 53a-119, and: (1) The property or service, regardless of its nature and value, is obtained by extortion, (2) the value of the property or service exceeds twenty thousand dollars, (3) the property consists of a motor vehicle, the value of which exceeds twenty thousand dollars, or (4) the property is obtained by defrauding a public community, and the value of such property exceeds two thousand dollars.

(b) For purposes of this section, “motor vehicle” means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (3) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent.

(c) Larceny in the first degree is a Class B felony.

Sec. 53a-123. Larceny in the Second Degree: Class C Felony

(a) A person is guilty of larceny in the second degree when they commit larceny, as defined in section 53a-119, and: (1) The property consists of a motor vehicle, the value of which exceeds ten thousand dollars, (2) the value of the property or service exceeds ten thousand dollars, (3) the property, regardless of its nature or value, is taken from the person of another, (4) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less, or (5) the property, regardless of its nature or value, is obtained by embezzlement, false pretenses or false promise and the victim of such larceny is sixty years of age or older or is blind or physically disabled, as defined in section 1-1f.

(b) For purposes of this section, “motor vehicle” means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (1) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent. (c) Larceny in the second degree is a Class C felony.

 Sec. 53a-124. Larceny in the Third Degree: Class D Felony

(a) A person is guilty of larceny in the third degree when they commit larceny, as defined in section 53a-119, and: (1) The property consists of a motor vehicle, the value of which is ten thousand dollars or less; (2) the value of the property or service exceeds two thousand dollars; (3) the property consists of a public record, writing or instrument kept, held or deposited according to law with or in the keeping of any public office or public servant; or (4) the property consists of a sample, culture, microorganism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects or records a secret scientific or technical process, invention or formula or any phase or part thereof.

A process, invention or formula is “secret” when it is not, and is not intended to be, available to anyone other than the owner thereof or selected persons having access thereto for limited purposes with their consent, and when it accords or may accord the owner an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

(b) For purposes of this section, “motor vehicle” means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (1) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent.

(c) Larceny in the Third Degree is a Class D Felony

•  Sec. 53a-125. Larceny in the fourth degree: Class A misdemeanor. (a) A person is guilty of larceny in the fourth degree when they commit larceny as defined in section 53a-119 and the value of the property or service exceeds one thousand dollars. (b) Larceny in the fourth degree is a Class A misdemeanor.
• Sec. 53a-125a. Larceny in the fifth degree: Class B misdemeanor. (a) A person is guilty of larceny in the fifth degree when they commit larceny as defined in section 53a-119 and the value of the property or service exceeds five hundred dollars.(b) Larceny in the fifth degree is a Class B misdemeanor.
• Sec. 53a-125b. Larceny in the sixth degree: Class C misdemeanor. (a) A person is guilty of larceny in the sixth degree when they commit larceny as defined in section 53a-119 and the value of the property or service is five hundred dollars or less. (b) Larceny in the sixth degree is a Class C misdemeanor.

DUI

CGS 14-227g. Operation by Person Under Twenty-One Years of Age While Blood Alcohol Content Exceeds Two-Hundredths of One Percent. Procedures. Penalties.

(a) No person under twenty-one years of age shall operate a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property while the ratio of alcohol in the blood of such person is two-hundredths of one percent or more of alcohol, by weight.

(b) The fact that the operator of a motor vehicle appears to be sixteen years of age or over but under twenty-one years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a police officer.

(c) The provisions of subsections (b), (d), (f), (g), (h), (i), (j), and (k) of section 14-227a, adapted accordingly, shall be applicable to a violation of subsection (a) of this section.

Alcohol Possession

CGS 30-89. Purchasing liquor or making false statement to procure liquor by person forbidden to purchase prohibited. Possessing liquor by minor on public or private property prohibited; exceptions.

(a) Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than two hundred nor more than five hundred dollars.

(b) Any minor who possesses any alcoholic liquor on public or private property shall, for a first offense, have committed an infraction and, for any subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.

The provisions of this subsection shall not apply to (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of such person’s employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. Nothing in this subsection shall be construed to burden a person’s exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

Criminal Mischief

When kids get together, sometimes they cause damages to other people’s property. When they do so, they can be charged with criminal mischief.

 Sec. 53a-115. Criminal Mischief in the First Degree: Class D Felony

(a) A person is guilty of criminal mischief in the first degree when:

With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding one thousand five hundred dollars.

With intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public.

With intent to cause damage to any electronic monitoring equipment owned or leased by the state or its agent and required as a condition of probation or conditional discharge pursuant to section 53a-30, as a condition of release pursuant to section 54-64a or as a condition of community release pursuant to section 18-100c, and having no reasonable ground to believe that such person has a right to do so, such person damages such electronic monitoring equipment and thereby causes an interruption in its ability to function.

With intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with (A) any tangible property owned by the state, a municipality or a person for fire alarm or police alarm purposes, (B) any telecommunication system operated by the state police or a municipal police department, (C) any emergency medical or fire service dispatching system, (D) any fire suppression equipment owned by the state, a municipality, a person or a fire district, or (E) any fire hydrant or hydrant system owned by the state or a municipality, a person, a fire district or a private water company. (b) Criminal mischief in the first degree is a Class D felony.

Sec. 53a-116. Criminal Mischief in the Second Degree: Class A Misdemeanor

(a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that they have a right to do so, they damage tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that they have a right to do so, they damage or tamper with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public. (b) Criminal mischief in the second degree is a Class A misdemeanor.

Sec. 53a-117. Criminal Mischief in the Third Degree: Class B Misdemeanor

(a) A person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that they have a right to do so, they: (1) Intentionally or recklessly (A) damage tangible property of another, or (B) tamper with tangible property of another and thereby cause such property to be placed in danger of damage; or (2) damage tangible property of another by negligence involving the use of any potentially harmful or destructive force or substance, such as, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material.

(b) Criminal mischief in the third degree is a Class B misdemeanor.