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Raise the Age

May 15, 2017

On April 10, 2017, Governor Cuomo signed into law “Raise the Age” legislation that was included as part of the State Budget. Keep reading to learn more…

New York State is taking a different, more lenient approach to handling teenagers who’ve been charged with nonviolent felonies and misdemeanors.

Beginning in late 2018, changes will be made as to which court system a child will be seen in regarding their charges.

Misdemeanors cases (other than vehicle and traffic law misdemeanors) will be heard in Family Court.

Non-violent felonies will be transferred from the Youth Part to the Family Court in the absence of the District Attorney filing a motion within 30 days showing “extraordinary circumstances” as to why the case should remain in the Youth Part of Criminal Court.

Violent felonies also can be transferred from the Youth Part to Family Court for the same above reasons (DA filing a motion).

However, they only can be transferred to Family Court if the charges do not include:

  1. a) the accused displaying a deadly weapon in the furtherance of the crime
  2. b) the accused causing significant physical injury; or
  3. c) the accused engaging in unlawful sexual conduct.

If the charges include the above 3 elements then the case can only be transferred to Family Court with the consent of the District Attorney.

Other changes will come into play such as parents will need to be notified if their minor is arrested and questioning of their child will be conducted in an age-appropriate setting.

To learn more about the legislation, take a look at this PDF.

Also, here is a helpful article featured on DNA Info, click here to read it in its entirety.