What kind of punishment would be expected if a minor committed the crime of breaking and entering with the aggravating circumstances of assault?

First, the details must be delineated. One needs to determine the elements involved. Breaking and entering or burglary is when a person enters or remains in or on premises not their own with the intent to commit a crime. The crime is most often theft. The premises can be a building, structure, fenced area and, in some jurisdictions, a vessel, or vehicle. This can involve physically defeating a locked access point or entering through an...

First, the details must be delineated. One needs to determine the elements involved. Breaking and entering or burglary is when a person enters or remains in or on premises not their own with the intent to commit a crime. The crime is most often theft. The premises can be a building, structure, fenced area and, in some jurisdictions, a vessel, or vehicle. This can involve physically defeating a locked access point or entering through an open, unlocked, or previously damaged location.

A distinction exists between breaking and entering (burglary) and robbery. Once a burglar uses force or the threat of force, the breaking and entering becomes a robbery. Though both are felony crimes, robbery brings with it a higher criminal penalty.

Minors are those persons under the age of majority but for most criminal purposes are under eighteen. Children under very young ages are presumed by law to be “unable” to commit crime due to a legal “inability” to determine an act is wrong. In other circumstances, minors can be charged as adults if the force used in the robbery is serious enough to cause serious injury or death.

Other factors to consider are the age of the minor, the degree of the force used, whether or not this is the minor’s first offense, and the general attitude of the juvenile justice system in a particular jurisdiction. Some jurisdictions (and some judges) are more lenient than others.

Once one considers these elements and factors, one can determine the likely outcome of a trial and a minor’s possible punishment. Let us assume the minor is a teenager. Let us also assume the robbery resulted in no or minimal injuries to the victim(s). Even a first offense involving robbery, a crime of violence, will likely result in, rather than probation, some time served in a juvenile detention center.