Fresno Criminal Lawyer Blog

CBS News is reporting that a Fresno juvenile has been charged in connection with the shooting of a 91-year-old woman.

The news station reports that the incident happened during a home invasion robbery on Thanksgiving morning in San Joaquin.

Fresno criminal defense lawyers take cases of shootings in Fresno very seriously because we understand that the state can come after a defendant and seek major penalties. In cases where gang activity is alleged, lawmakers have allowed for provisions in the law that can lead to more serious sanctions against a defendant. When weapons are alleged as part of a case, that is another avenue for prosecutors to pile on charges.

According to the news report, a person climbed through the window of a house where the 91-year-old and her 63-year-old daughter live. Police say they tracked a 17-year-old to an apartment complex more than a mile away. Detectives are charging the teen with attempted murder and his mother with accessory after the fact. Deputies have said the teen attempted to hang himself in a holding cell. Deputies won't say what led them to the suspects.

The Fresno Bee has some additional details. The newspaper reports that the teen allegedly shot the woman in the neck even though neither woman fought back. He also didn't steal anything.

The newspaper reports that along with the attempted murder charge, the teen will face charges of home-invasion robbery and felony elder abuse. The 91-year-old is recovering at a hospital, and was listed in very serious condition.

In this case, because of the teen's age and the severity of the charges, he will likely be charged as an adult. And if the woman dies, he could face first-degree felony murder.

In California, there are two ways to face first-degree murder. The first is if police can prove the crime was premeditated, meaning it was planned in advance. The most common is if a person was killed while the suspect was committing another felony crime, such as a robbery, sexual assault or kidnapping or another felony.

If the woman dies, police may be able to try to show the teen committed a home-invasion robbery at the time he killed the woman, even if she didn't die until later. It's unclear why the boy's mother was charged, although it's possible she knew he committed the crime and helped him hide evidence.

When teens are charged, it depends on the facts as to whether they will be charged as a juvenile or as an adult. If the teen has a history in the system, prosecutors may try to charge the person as an adult to try to get him or her to stop committing crimes. Even if they are new to the system, the severity of the allegations combined with the age of the defendant can lead to adult charges.

Most people understand that being charged as a juvenile is preferable, but it's no picnic. Probation, community service, boot camps or other sanctions may be possible. And a conviction could hamper their future. Fighting the charges is important to any teen.