Defending Juveniles Charged in the Adult System for Violent Crimes

Youth arrests for violent crimes have generally declined across the country over the last two decades, according to data from the US Department of Justice (DOJ). At the same time, these arrests and charges still occur at a rate that many people might find surprising. About 8 percent of all youth arrests are arrests for violent crimes, or 1 out of every 14 arrests. Aggravated assault and robbery are the most common types of violent crimes for which juveniles are arrested and charged in Texas and throughout the country. Charges for carjacking and murder, two other tracked types of violent crimes, remain very rare among youth offenders. Yet whenever any type of violent crime charges involve a juvenile offender, it is essential to know that the child arrested could be facing charges in the adult justice system in Texas.

Whether a minor can be charged in the adult justice system in a given state depends on the state’s laws, and Texas allows children charged with certain offenses to face charges in the adult justice system as young as age 14, depending on the type of offense. Our Texas criminal defense lawyers can explain in more detail.

When Juveniles in Texas Can Face Charges in the Adult Justice System 

In general, children who are arrested for “serious” offenses, often including most violent crimes, may face charges in Texas’s adult justice system as early as the age of 14 in some cases. Under Texas Family Code Section 54.02, the following are the ages in which a juvenile can be transferred to the adult justice system (which would also mean serving a prison sentence in an adult facility in the event of a conviction):

• At age 14 and up: Texas allows a judge in the juvenile court system to transfer a person who is 14 years old or older to the adult justice system to face charges for a capital felony, a first-degree felony, or an aggravated controlled substances felony offense. As you might imagine, these types of transfers do not occur very frequently, but they do happen.
• At age 15 and up: Texas allows a juvenile court system judge to transfer a person aged 15 or older to the adult justice system for a range of offenses, including a second-degree felony, a third-degree felony, and even a state jail felony. In other words, charges for nearly any felony offense can result in a transfer to the adult justice system.

Defending Against a Transfer to the Adult Justice System 

If your child is at an age, and accused of an offense, that could result in a transfer to the adult justice system in Texas, it is essential to work with a juvenile defense attorney in order to do everything possible to avoid this type of transfer. Wherever possible, your child is likely to have a better result facing charges in the Texas juvenile justice system.

It is important to know that it is not a given that a child will be transferred to the adult justice system for a felony offense. There will first be a hearing in which you can work with a juvenile defense lawyer to show that the relevant factors weigh in favor of your child remaining in the juvenile justice system. Those factors can include but are not limited to:

• Child’s maturity;
• Rehabilitation potential;
• Previous criminal record; and
• Public safety.

 Contact Our Texas Juvenile Defense Lawyers for Assistance

Do you need help with a defense for a case involving your minor child? One of the experienced Texas criminal defense attorneys at John Reed, Attorney at Law can begin discussing defense strategies with you today. Contact us for more information.

Sources:

statutes.capitol.texas.gov/Docs/FA/pdf/FA.54.pdf

ojjdp.ojp.gov/publications/trends-in-youth-arrests.pdf