Helping people move on with their lives with straight forward and sincere advice.

More than 40 combined years of experience in tenaciously defending Black Hills clients against criminal charges of DUI, drug crimes, assault and more.  

Nobody knows the courthouses and legal environments better than us.  

Juvenile weapons charges in South Dakota: What every parent should know

On Behalf of | Aug 26, 2024 | Criminal Defense |

Juvenile weapons charges can significantly impact a young person’s life. Parents who find themselves navigating this issue are wise to take the time to understand the basic legal framework, potential consequences, and preventive measures to help protect their children.

What is the basic legal framework for this issue?

In South Dakota, individuals under the age of 18 are generally considered juveniles and face charges under a distinct legal system designed for minors. Even so, weapons charges carry severe implications. Juveniles could find themselves accused of various violations related to weapons, potentially including:

  • Possession laws: With few exceptions, it is illegal for minors to possess firearms in the state. The penalties for possession can increase in certain scenarios, such as possession of firearms on any educational property or at school-sponsored events.
  • Transfer and purchase laws: Minors cannot legally purchase or receive firearms without parental consent and supervision.

The legal system is harsh when it comes to these types of allegations. Even a tragic accident can result in criminal charges.

What are the possible consequences of weapons charges?

The ramifications of a weapons charge can include legal penalties like juvenile detention, community service, or mandatory counseling sessions as well as educational repercussions like suspension or expulsion from school.

What can I do to help my child if they face weapons charges in South Dakota?

Prompt action can help protect your child’s rights. Steps to help can include:

  • Seek legal representation: It is a good idea to seek legal counsel with experience in juvenile law. A knowledgeable lawyer can navigate the legal system and advocate for the child’s rights.
  • Gather evidence and witnesses: Collect evidence that supports the child’s defense or demonstrates their character. Character witnesses, such as teachers or community leaders, can also provide testimony that positively influences the case.
  • Explore diversion programs: South Dakota may offer diversion programs for juveniles, which focus on rehabilitation rather than punishment. These programs often involve counseling, education, and community service, and successful completion might lead to a reduction in charges.

Juvenile weapons charges in South Dakota carry serious implications for both the present and future of young individuals. By understanding the legal landscape, recognizing the potential consequences, and implementing preventive measures, parents can play a pivotal in helping to guide their children through this issue.