Can Age Be a Defense to Criminal Charges in a Juvenile Case in Texas?
If a child or younger teenager commits a criminal offense in Texas, can their young age ever be a valid defense to the charges they are facing? After all, as numerous studies have underscored, certain parts of a child’s brain are not fully developed until adulthood, including parts of the brain concerning judgment and decision-making capabilities. For example, according to Stanford University Medicine, “the rational part of a teen’s brain is not fully developed and will not be until age 25 or so.” Accordingly, “good judgment is not something they can excel in, at least not yet.”
What does Texas law say about juvenile responsibility — and the potential for mitigating responsibility — based on age? While age itself is not a defense to a crime, it can be relevant to how the juvenile is charged. Our Texas criminal defense attorney can explain in more detail below, and we can speak with you today about defending against charges in your child’s case.
Age Affecting Criminal Responsibility Under Texas Law
Under Section 8.07 of the Texas Penal Code, a person cannot be “prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except” one of the following:
- Perjury or aggravated perjury in cases where “it appears by proof that the person had sufficient discretion to understand the nature and obligation” of the oath of truth they were taking;
- Violation of the transportation code;
- Violation of a motor vehicle traffic ordinance of a city or town in Texas;
- Misdemeanor that is only punishable by a fine;
- Violation of a penal ordinance of a political subdivision;
- Capital felony offense;
- Aggravated controlled substance felony; or
- Felony of the first degree committed at age 14 or older.
What the above means is that, other than one of the specific types of charges identified in Section 8.07 of the Texas Penal Code, a person who is 14 or younger will go through the juvenile justice system rather than being prosecuted in the general justice system designed for adult offenders. The juvenile justice system is separate and offers options for rehabilitation and avoiding periods of incarceration.
Contact a Criminal Defense Attorney in Texas Who Handles Juvenile Criminal Cases to Help You and Your Family Today
When your child is facing any type of criminal charges, it can be extremely stressful for everyone in your family, including the child and parents. It is important to know that your child might not need to go through the criminal justice system for adults and may instead have their case heard through the juvenile justice system in Texas, which will already reduce the likelihood of a serious penalty that includes incarceration. In addition, as we discussed above, Texas law limits the types of offenses for which a child can be prosecuted as an adult. If you have questions or need assistance with your child’s defense, you should seek advice from one of the experienced Texas criminal defense lawyers at John Reed, Attorney at Law. We are committed to helping juveniles and their families in Texas when the child is facing criminal charges.
Sources:
statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.8&artSec=8.07
stanfordchildrens.org/en/topic/default?id=understanding-the-teen-brain-1-3051
