Can a kid be charged as an adult in Arizona?
Attorney Amanda Bynum explains when a juvenile can be charged as an adult in Arizona.
Brain science shows that juveniles often make poor choices. When those choices lead to police contact, the consequences can be severe. While usually, a juvenile offender is sent to juvenile court when suspected of committing a crime.
Can minors be prosecuted as adults in Arizona?
I’ve been asked this question many times because I represent children that are charged in adult court. In Arizona, kids can be charged in adult court. Further, depending on the charges, they must be charged as adults.
The Arizona Constitution allows Juveniles 15 years or older to be charged as adults if they are accused of murder, sexual assault, armed robbery, or other violent offenses as defined by statutes. In addition, juveniles 15 years of age or older who are chronic offenders will also be prosecuted as adults. Thus, If a child is accused of a serious crime, they will be transferred to adult court.
The relevant statute, A.R.S. 13-501, explains that a juvenile between 14 to 17 years of age can be charged if the charges are:
First-degree murder;
Second-degree murder;
Forcible Sexual Assault;
Armed robbery;
Any other violent felony offense, including Aggravated Assault with injury, with a deadly weapon, drive-by shooting, or discharging a firearm at a residential structure.
If the juvenile is considered a chronic felony offender (committed at least two felony offenses in your past.
In adult court, the juvenile will be tried as an adult. If they are convicted, they will be sentenced as an adult. The differences between juvenile court and adult criminal court are significant. If convicted as an adult, a minor faces a more severe sentence in a regular jail or prison with adults rather than children. In addition, it’s more challenging to seal adult criminal records.
However, there is one significant difference between an adult and a minor tried as an adult. When a minor is tried as an adult for first-degree murder, they receive a different sentence than an adult. If somebody is under 18 when they commit first-degree murder, they are not eligible for the death penalty. Only an adult can be punished with the death penalty. A minor charged as an adult would be punished either with a life sentence or a natural life sentence. Despite sounding the same, these two punishments are pretty different.
Certain crimes are subject to an “automatic transfer” to adult court. For example, suppose the juvenile is fifteen years or older and has been charged with first or second-degree murder, forcible sexual assault, armed robbery, aggravated assault, and other violent offenses. In that case, the law allows for an automatic transfer to adult court. Other transfers are discretionary on the State and subject to court ruling after a hearing. For example, suppose a juvenile is fourteen years old and has been adjudicated (convicted) of at least two prior felonies. In that case, the State can file a motion to transfer the juvenile defendant to the adult court system for criminal prosecution.
The Transfer Hearing is critical to the future of the juvenile. Will the juvenile stay in the juvenile system with the goal of rehabilitation, or will the child be transferred to the adult criminal court system for punishment? If the court denies or dismisses the Motion for Transfer, the juvenile will stay in the juvenile court system. An Adjudication Hearing (the juvenile equivalent to an adult trial) will be set in juvenile court.
If your child is facing criminal charges, you should seek out an experienced criminal defense attorney as soon as possible. No parent wants to see their child in trouble, but it is devastating if their child is tried for an offense as an adult. Children make mistakes, and they deserve a second chance. You will want skilled, knowledgeable defense against these charges from an attorney who understands the Arizona court systems and state laws.
An experienced lawyer can help you understand the charges and possible penalties and help you navigate the legal process. AJB Law firm Amanda Bynum represents individuals charged with crimes in Tucson, Arizona, and surrounding areas, including Pima County Justice Court, Pima County Superior Court, Tucson City Court, Sahuarita Municipal Court, Green Valley Justice Court, and Marana Court. In some cases, Attorney Amanda Bynum can travel to surrounding counties throughout Arizona. She has handled cases in Cochise County, Maricopa County, Coconino County, Yuma County, and Navajo County.
