At What Age Can a Juvenile Be Tried as an Adult in Texas?
If your child has been arrested in Texas, one of the first questions on your mind is probably whether the case will stay in juvenile court. Most of the time, it will. But there is a process that can move some young people into the adult criminal system, and it has very specific age and offense requirements. Knowing how this works can help you understand what is at stake.
How Old Does a Juvenile Have to Be?
Texas law does not allow just any young person to be moved into adult court. The age requirement depends on the type of offense. Under Section 54.02(a) of the Texas Family Code, a juvenile must be at least 14 years old and under age 17 at the time of the alleged offense to be eligible for certification if charged with capital murder, an aggravated controlled substance felony, or a first-degree felony. For less severe felony charges, the bar is a bit higher. A juvenile must be at least 15 years old and under age 17 if the charge is a state jail felony or a second or third-degree felony.
There is also a separate path for cases involving someone who has already turned 18 by the time the case reaches court. That process, found in a different part of the same statute, has its own set of age thresholds tied to when the alleged offense occurred rather than when the case is filed.
What Else Has to Happen Before a Transfer?
Age and offense type only get a case to the courthouse door. A judge still has to be convinced that moving the case makes sense. Generally speaking, the court will look at things like:
- Whether the offense was against a person or against property
- The young person’s level of maturity and sophistication
- Any prior record or history with the juvenile system
- Whether the community’s safety calls for adult court proceedings
A transfer hearing is held before any of this happens, and the court orders a full investigation into the child’s background and the circumstances of the offense first. A judge alone decides the outcome. There is no jury involved at this stage.
What Changes If a Case Is Transferred?
Once a juvenile court waives jurisdiction, the case moves to adult criminal court and the young person is treated as an adult for the remainder of the proceedings. That means adult sentencing ranges generally apply going forward. There are a few exceptions written into the law that soften some of the harshest adult penalties for certified juveniles, but the overall process, from the courtroom procedures to how the case appears on the public record, shifts dramatically once a transfer occurs.
This is part of why these hearings are taken so seriously. A young person’s entire future, including their education, job prospects, and freedom, can hinge on whether a case stays in the juvenile system or moves into adult court.
Talk to an Attorney If Your Child Is Facing These Charges
Watching your child go through any part of the justice system is stressful, and a possible transfer to adult court raises the stakes even further. Every case is different, and the outcome often depends on details specific to your child’s circumstances. If your family is dealing with this situation, we encourage you to reach out to John Reed, Attorney at Law. Our League City criminal defense lawyers have spent years working specifically in this area of Texas law, and we are ready to talk with you about what comes next.
Source:
statutes.capitol.texas.gov/Docs/FA/htm/FA.54.htm
