In the justice system, minors and adults are usually divided into two separate systems. Because of their lack of life experience, children and teens are given a more lenient sentence or a second chance. However, sometimes, minors are tried as adults and subject to the same penalties and trial process. Before you meet with an attorney, here’s what you should know about this situation as it pertains to Georgia law.

Why Are Minors Tried as Adults?

In Georgia, there are two instances in which a juvenile case may be transferred to adult criminal court: discretionary transfer and statutory exclusion.

In the first situation, the juvenile court will call for a hearing, stating that the child was 15 or older when the offense was committed—provided the offense is one that’s regarded as a felony for adults—or that the child was 13 or 14 and committed “aggravated battery resulting in serious bodily injury” or another crime for which the penalty is death or life in prison. Before the case is transferred, the juvenile court will take into account the child’s age, home environment, and past behavior, among other factors.

In the case of statutory exclusion, the trial of any minor between 13 and 17 years old who has committed a serious crime—such as murder, aggravated child molestation, rape, voluntary manslaughter, or armed robbery with a firearm—will automatically be under the jurisdiction of adult criminal court. However, the prosecutor may be able to have this reversed.

How Do the Penalties Differ?

Once transferred to adult court, juvenile defendants will be subject to more severe sentences, such as time in adult jail or prison instead of a juvenile detention center. They also won’t have the more lenient options that minors are entitled to, such as community service time, counseling, or a curfew.

Once on their record, adult criminal charges will make it harder for convicted criminals to get a job in the future. Adult records are much harder to expunge later on or make unavailable to the public. 

If you or your child is dealing with this reality, turn to the attorneys at Bray & Johnson of Canton, GA, for help. This North Georgia legal office is committed to helping clients through life’s most trying times, whether you’ve been charged with a crime or want to pursue a divorce. To learn more about their practice areas, visit the website. Call (770) 479-1426 to arrange for a consultation with a trusted attorney.