A minor not meeting the typical minimum age to be considered an adult doesn’t always mean they cannot be charged as an adult. What crimes can juveniles be charged as adults for? Buda Law is here to answer this question and other related concerns. We’ll explain legal options to your family. Call (813) 322-2832 to speak with an experienced Tampa juvenile defense attorney, or contact us online to schedule your free consultation.
What is Considered a Minor in Florida?
Under Florida law, a minor is any person under the age of 18. The juvenile court system handles most offenses committed by minors, focusing on rehabilitation treatment rather than punishment. However, Florida law allows the prosecution of juveniles in adult criminal court under specific circumstances.
The age of the juvenile plays a significant role in determining which court handles the case. Younger children typically remain in the juvenile court system, while older teens face a greater risk of transfer to adult court.
Can Juveniles Be Charged With Felonies?
Juveniles can face felony charges in Florida, both within the juvenile court system and in adult criminal court. In juvenile court, a felony offense may result in the child being adjudicated delinquent. The final decision is up to a judge, not a jury. Since the juvenile justice system focuses on rehabilitation, the consequences usually involve counseling, treatment, and community service.
Adult court cases can involve jury trials or bench trials. Conviction as an adult leads to adult criminal penalties. This can include prison sentences in adult facilities and a permanent criminal record. Working with a Tampa felony defense lawyer is essential when a minor faces felony charges that could follow them into adulthood.
Can a Juvenile Be Charged as an Adult?
Florida law allows prosecutors to file charges against juveniles in adult criminal court under certain circumstances. The severity of the alleged offense, the child’s age, and their prior record all factor into the decision to pursue adult prosecution. These cases are taken seriously because they carry the full consequences of the adult criminal justice system.
At What Age Can a Child Be Charged as an Adult in Florida?
Youths ages 14+ can face adult charges. Florida Statute 985.557 gives prosecutors broad discretion to issue a direct file in cases involving older teens accused of violent crimes. This is an automatic transfer that skips juvenile court entirely. Alternatively, they can seek a judicial or presumptive waiver. Waivers allow a juvenile court judge to transfer a case to Circuit Court after a preliminary hearing to determine probable cause and the appropriateness of the transfer. This usually applies to cases involving minors with prior adjudications.
Common Crimes Where Juveniles Are Tried as Adults
Florida prosecutors pursue adult charges against juveniles most often in cases involving serious offenses. Common crimes that can lead to adult prosecution include:
- Burglary
- Sexual battery
- Aggravated battery or assault
- Grand theft auto
- First-degree murder
- Attempted murder
- Voluntary manslaughter
- Any crime involving the use of a deadly weapon
- Any capital offense in Florida
Courts and prosecutors view the pattern of offenses as a serious public safety concern. For this reason, repeat offenders with escalating criminal behavior face a much higher likelihood of adult prosecution.
Buda Law’s team is experienced in defending against a wide range of criminal accusations. When you need a violent crime, theft crime, or weapons and firearms lawyer in Tampa, you can depend on us. We use this experience to provide professional representation to juveniles.
Why are Juveniles Tried as Adults in Some Cases?
Public safety is the primary justification prosecutors and legislators cite for trying juveniles as adults in serious cases. Florida lawmakers designed the direct file statute to ensure that the most dangerous young offenders face consequences proportionate to the severity of their crimes. Understanding what a forcible felony is is important in this context, since forcible felony charges are among the most common triggers for adult prosecution of juveniles in Florida.
Critics of adult prosecution for juveniles argue that adolescent development, impulse control, and the capacity for rehabilitation make extreme sentences counterproductive. Research on adolescent development consistently shows that young people are more capable of change than adult offenders. Furthermore, juveniles face increased risks when placed in adult facilities. Florida separates incarcerated juveniles from adult prisoners to protect them from physical and sexual abuse. However, this often leads to juveniles being placed in solitary confinement, which can cause psychological trauma. The debate surrounding juvenile adult prosecution continues to shape Florida’s approach to youth justice and delinquency prevention.
How Many Juveniles are Tried as Adults Each Year?
Florida has historically prosecuted more juveniles as adults than most other states in the country, largely due to its broad direct file statute. Although numbers can vary from year to year, more than 1,000 minors each year can face trial as an adult in Florida.
Studies on the juvenile system suggest that trying young people as adults does not consistently reduce recidivism. In some cases, it may increase recidivism. Reform efforts at the state and national levels have pushed for greater use of juvenile facilities and rehabilitation-focused alternatives. Florida’s method of prosecuting juveniles as adults is still one of the most aggressive in the country.
Potential Consequences of Being Charged as an Adult in Florida
In most cases, a juvenile convicted in adult criminal court faces the same penalties as an adult. The Supreme Court has banned some punishments, including the death penalty, from being imposed on juvenile offenders. However, juveniles can be subject to lengthy prison sentences in an adult prison rather than a juvenile facility. Courts can also require fines, probation, and other punishments.
Adult prosecution also strips juveniles of the legal protections built into the juvenile court system. This includes confidentiality of records and access to rehabilitation-focused sentencing. A permanent criminal record resulting from an adult conviction can close doors to education, employment, housing, and professional licensing. Expungement options for juveniles tried as adults are limited and depend heavily on the outcome of the case. However, local families can explore their options by consulting with a Tampa expungement lawyer.
Can a Juvenile Be Charged as an Adult and Still Receive Leniency?
Even when a juvenile is charged as an adult, leniency is possible. It depends largely on the circumstances of the case and the strength of the defense strategy. Judges consider the juvenile’s age, background, and potential for rehabilitation when imposing sentences. A skilled criminal defense lawyer can advocate for reduced charges, alternative sentencing, or placement in a juvenile facility rather than an adult jail.
How a Criminal Defense Lawyer Can Help With Juveniles Charged as Adults Cases
A Tampa violent crimes lawyer protects the constitutional rights of juveniles at every stage of the adult criminal prosecution process. Challenging the decision to transfer a case to adult court is one of the most impactful steps a defense attorney can take on behalf of a juvenile client. A strong challenge may result in the case being returned to juvenile court. This allows the attorney to pursue more favorable outcomes.
Building a strong defense in adult court requires a thorough investigation of the evidence and circumstances surrounding the offense. Florida defense attorneys can present evidence of the juvenile’s background, mental health, and capacity for rehabilitation. Early legal intervention gives families the best chance of protecting their child’s future in the adult criminal justice system.
Speak With an Experienced Tampa Juvenile Defense Lawyer at Buda Law Today
If your child faces adult criminal charges in Florida, the time to act is now. Early legal intervention can make a critical difference in the outcome. Buda Law is committed to representing juveniles and their families throughout the Tampa area. We use our experience in defending against felonies and crimes of violence to protect young people from the full weight of the adult system.
Call Buda Law today at (813) 322-2832 to speak with an experienced Tampa juvenile defense lawyer about your child’s case. You can also contact us online to schedule your free consultation.