When Can Juveniles Be Charged as Adults?

If you are the parent of a teenager, you are likely concerned about their choices every single moment. While young persons between the ages of 10 and 18 are generally charged as juveniles, they may be tried as adults. While the decision to transfer a child’s case from juvenile to adult court is not automatic (except for certain statutory offenses), it may be made if the child commits a serious offense. Determining factors that may lead to a juvenile being charged as an adult include the nature of the offense, whether the child has a prior criminal record, and their age at the time the offense was committed.

In this blog, we discuss the criteria for transferring a young person’s case to adult court and how experienced counsel can protect your child’s interests. If your child has recently been involved in a legal matter, please do not hesitate to contact our criminal defense attorneys in Harrisburg, PA.

Discretionary vs. Presumptive Waivers in PA

Under the Pennsylvania Juvenile Act, a minor’s case may be transferred to adult court under either a discretionary or presumptive waiver. In a discretionary waiver, the prosecutor may request that the juvenile be sent to adult court if they believe it best serves the public interest and that the child is not mentally ill.

The State must prove, by a preponderance of the evidence, that the child is unwilling to undergo treatment, supervision, or rehabilitation and that transferring the case is in the best interest of society. Discretionary waivers apply to minors who are at least 14 years of age and are accused of a felony.

In contrast, a presumptive waiver applies to minors at least 14 years old who have used a deadly weapon in the commission of a crime and have been previously adjudicated delinquent or are 15 years old and commit any number of serious offenses. Just as in a discretionary waiver, the court must believe that the minor poses a danger to society, and the minor must be unwilling to undergo treatment, supervision, or rehabilitation. However, unlike a discretionary waiver, the burden of proof rests with the defense.

What Offenses Are Always Charged in Adult Court?

Under statutory exclusion, the State will automatically transfer the case to the adult court system. Under 2 Pa. Cons. Stat. § 6302, the following offenses will be tried in adult court:

• Murder: A minor who is charged with murder will be tried in the adult court system. This applies regardless of the age at which the offense is committed.
• Attempted Murder: A minor 15 years old or older who is charged with attempted murder will have their case filed directly in adult criminal court if a deadly weapon was used in the commission of the act or if the child was found to have committed a prior offense of rape, kidnapping, robbery, or several other felonious crimes.
• Voluntary or Attempted Voluntary Manslaughter: A minor 15 years old or older will be charged in adult court for voluntary manslaughter if a deadly weapon was used or if the child was adjudicated delinquent of any of the specified felonious offenses by statute.

Juvenile Court vs. Adult Court in Harrisburg

While the adult court system focuses on punishing offenders, the juvenile court system is more concerned with reintegrating offenders into society. Whereas a juvenile offender may be required to complete community service, a substance abuse treatment program, or counseling, an adult offender may be imprisoned or ordered to pay steep fines. The objective of these penalties is to adjust the offender’s behavior, not to chastise them for their misconduct.

If you believe that the transfer to adult court is unjustified, our legal team is here to advocate for your child’s rights. In many cases, adjudicating a minor may be unnecessary, as a teenager may respond to a stern talking-to by the court. No matter how complex the matter, our Harrisburg juvenile criminal defense attorneys will remain by your child’s side throughout the entire process.

The Serious Impact of Juvenile Charges

Seeing your child placed in handcuffs can be overwhelming and make you question where things went wrong. The truth is that young people often act without fully understanding the consequences of their actions. Unfortunately, the courts can be unforgiving—even transferring cases to adult court in serious situations.

Protect Your Child’s Future with Experienced Legal Counsel

If you are worried about your child’s future, the team at Mette Law is here to help. We know this is a stressful and uncertain time, but you don’t have to face it alone. By working with a juvenile justice lawyer in Harrisburg, PA, you can better understand the legal process and explore every available option for your child. Call (717) 232-5000 or contact us online today to schedule a confidential consultation.