California typically tries minors under 18 using juvenile law. However, in some cases, the line could blur and the state could try a 16 or 17-year-old accused of committing a serious offense in adult court. If a judge transfers and convicts your child in an adult court, they could face adult criminal penalties and might need the help of a skilled criminal defense attorney.
When does a teen face adult trial?
A prosecutor could ask a judge to allow a juvenile to transfer to an adult court in certain situations. Under California law, if the minor is accused of committing a felony, the case may qualify for a transfer. Here are some qualifying felonies including:
- Robbery
- Assault
- Rape
- Kidnapping
- Carjacking
- Murder
- Acts of violence involving lethal weapons
Once the case is transferred to an adult court, the juvenile court’s protection and rehabilitation focus vanishes and it would be significantly harder for the minor to walk away with a clean slate.
Trial as an adult
The court would hold a juvenile transfer hearing or fitness hearing before the state prosecutes a minor as an adult. During the hearing, the judge decides whether to transfer the accused to an adult court by considering a variety of factors, including:
- The seriousness of the offense
- The minor’s maturity and decision-making ability
- Past juvenile history
- Whether the juvenile could be rehabilitated or not
The state generally houses juveniles tried as adults in adult facilities after they reach the legal age of 18 years. Transfer to adult court can also result in the juvenile entering adulthood with a criminal record.
Impact of an adult conviction
When a teenager crosses the boundary between a juvenile to adult, the entire legal framework shifts. Unlike the juvenile system, the adult legal structure prioritizes punishment, safety and accountability. If your child is facing any type of criminal charge, seeking the immediate guidance of an experienced legal professional right away could help in reviewing your legal options forward.