16-Year-Old Student Arrested for Bringing Gun to School

 Posted on December 13, 2024 in Gun Violations

A Kenosha, WI high school student was recently arrested after allegedly bringing a gun into his school. This is the second time in less than a month that a firearm was found in a Wisconsin school. Officials were tipped off to a photo posted on social media of a student with a gun. The student was subsequently located, arrested, and placed into custody at a juvenile detention facility. The gun was a bit harder to locate, although police did find the gun on the student at the juvenile facility where he was taken.

Police say they missed the weapon when they searched the student at the school because it was in a "sensitive area." The teen was charged with terrorist threats, possession of a firearm on school property, and carrying a concealed weapon. Like most states, juvenile crimes in Wisconsin are different from adult criminal offenses, both in procedure and penalties.  

Criminal proceedings involving minors, along with the outcomes of those procedures, are secret in the state. It can be devastating for parents when their child is charged with a criminal offense. If your child is facing criminal charges, speaking with an experienced Ozaukee County, WI juvenile crimes attorney can help make a difference in the outcome.  

What is the Law for Possession of a Dangerous Weapon for a Juvenile?

Wisconsin State Statute 948.60 makes it a criminal offense (Class A misdemeanor) for a person under the age of 18 to possess a dangerous weapon. A "dangerous weapon" includes any loaded or unloaded firearm, metallic knuckles, nunchucks, electric weapons, or similar type of weapon. Penalties for a Class A misdemeanor include up to nine months in jail, a fine as large as $10,000, or both.  

If a person is in possession of a firearm on school grounds, the penalties increase exponentially. Possessing a firearm on school grounds is a Class I felony under Wisconsin Statute 948.605(2)(a). Conviction of a Class I felony could result in up to three and a half years in prison, a $10,000 fine, or both.  

How Are Juveniles Treated When They Commit Criminal Offenses?

Juveniles in Wisconsin under the age of 17 who commit criminal offenses usually face juvenile delinquency charges, which does not include the same level of penalties as for an adult. A juvenile’s parents could be required to pay significant fines, or he or she could be sent to a juvenile detention facility.

A deferred prosecution agreement or a consent decree could be possible depending on the circumstances surrounding the arrest and the specific charges. In these cases, when the supervision period has ended, the juvenile’s case is dismissed with no criminal conviction.   

Are Juveniles Ever Subject to Adult Criminal Court?

Juvenile courts in Wisconsin usually have jurisdiction over juveniles who are ten years of age or older who violate state criminal laws. Under some circumstances, adult criminal courts could have jurisdiction over juveniles who commit certain crimes or are "waived" into adult court.

Wisconsin treats all 17-year-olds as adults who are prosecuted and sentenced as adults in criminal courts. Under certain circumstances, a minor who is 16 or younger could also be prosecuted in adult criminal court if:

• The adult court has original jurisdiction over the juvenile.
• A juvenile court waives its jurisdiction to hear the case, so it is transferred to adult court.

Original jurisdiction is present for juveniles with a prior adjudication who committed a battery while in the juvenile correctional facility or who allegedly committed battery or assault while in a juvenile facility or assaulted a probation, parole, or aftercare person.  

Contact a Milwaukee County, WI Juvenile Crimes Lawyer

If you are the parents of a juvenile charged with possession of a firearm on school grounds, you must take these charges very seriously. Juveniles are sometimes charged in adult court and given adult penalties depending on the circumstances. Speaking to a Jefferson County, WI juvenile crimes attorney is the best step you can take for your child’s future.

Attorney Bucher spent two decades as the Waukesha County District Attorney, giving him a unique perspective, and has successfully litigated thousands of criminal cases. Contact Bucher Law Group, LLC at 262-303-4916 to discuss your child’s criminal charges.