Laws, Age Requirements, Transfer Hearings, and Serious Offenses
California's juvenile justice system is designed to focus on rehabilitation rather than punishment.
However, in certain serious cases, minors can still be transferred to adult court and face adult criminal penalties.
Over the past two decades, California law has changed significantly regarding when juveniles can be tried as adults.
Today, the decision is no longer made solely by prosecutors. Instead, a judge must evaluate whether a minor should remain in juvenile court or be transferred to adult court.
Esfandi Law Group is here to support you every step of the way. Feel free to schedule your free consultation by calling us at (310) 274-6529 or simply fill out the contact form here — we're happy to assist you!
Quick Answer: When Can a Juvenile Be Tried as an Adult?
In California, only minors ages 16 or 17 can be tried as adults, and only if a juvenile court judge approves the transfer after a hearing. Minors under 16 generally cannot be tried as adults.
How California Law Has Changed
California has significantly reformed its approach to trying juveniles as adults, shifting away from harsh prosecution and toward rehabilitation. These changes reflect a growing recognition that minors are developmentally different from adults and have a greater capacity for reform.
Key legal reforms
Over time, several major laws and voter initiatives have reshaped how juvenile cases are handled:
- Proposition 21 (2000) expanded prosecutors' authority by allowing them to file certain serious juvenile cases directly in adult court without a judge's approval
- Proposition 57 (2016) reversed that approach by eliminating direct filing and requiring a judge to decide whether a minor should be transferred to adult court
- Senate Bill 1391 (2018) raised the minimum age for adult prosecution, generally preventing minors under 16 from being tried as adults
Current legal standard
Today, California law requires judicial oversight before a minor can be prosecuted as an adult. This means:
- Prosecutors must request a transfer hearing
- A juvenile court judge must evaluate the case
- The judge determines whether the minor should remain in juvenile court or be transferred to adult court
This process ensures that each case is reviewed individually rather than automatically treated as an adult prosecution.
Focus on rehabilitation
Modern California law emphasizes rehabilitation over punishment whenever possible. Courts now consider:
- The minor's age and maturity
- The likelihood of rehabilitation before adulthood
- Prior history and behavior
- The seriousness of the alleged offense
These factors aim to balance public safety with the goal of giving young offenders an opportunity to reform.
Why these changes matter
These legal reforms have reduced the number of juveniles tried as adults and increased protections for minors facing serious charges. For many defendants, this shift can mean:
- Greater access to education and rehabilitation programs
- Reduced long-term consequences compared to adult convictions
- A stronger opportunity to avoid a permanent criminal record
Key takeaway
California law has moved away from automatic adult prosecution of juveniles and now requires a judge to carefully evaluate whether a minor should face adult charges, prioritizing rehabilitation while still allowing adult prosecution in the most serious cases.
Age Requirements for Adult Prosecution
Minors under 16
Cannot be tried as adults in most cases.
Minors age 16 or 17
May be transferred to adult court, but only after a judge reviews the case and approves the transfer.
What Is a Transfer or Fitness Hearing?
A transfer hearing, also called a fitness hearing, is where a juvenile court judge decides whether a minor should be tried as an adult.
Factors the judge considers
- The seriousness of the alleged offense
- The minor's criminal history
- The level of planning or sophistication involved
- Whether rehabilitation is likely before age 18
- Prior attempts at rehabilitation
The judge weighs whether the juvenile system can adequately address the case or whether adult prosecution is appropriate.
Crimes That Can Lead to Adult Charges
California Welfare and Institutions Code 707(b) lists serious and violent offenses that may justify transferring a minor to adult court.
Murder and attempted murder
Homicide includes intentional killing or attempted killing. These are among the most serious charges and often lead to transfer hearings.
Rape and violent sex crimes
Includes rape, forcible sexual penetration, oral copulation by force, and lewd acts involving minors. These crimes carry severe penalties and often trigger adult prosecution.
Robbery and armed robbery
Robbery involves taking property by force or fear, especially with a weapon, is considered a violent felony and may result in adult charges.
Kidnapping
Kidnapping involves taking or holding someone against their will, particularly with harm or ransom demands, can lead to adult prosecution.
Assault with serious injury
Severe physical harm or use of a deadly weapon during an assault may justify transfer to adult court.
Carjacking
Carjacking involves taking a vehicle by force or threat, which is a violent felony and often leads to adult-level prosecution.
Other Serious Offenses
Additional crimes that may result in adult prosecution include:
- Arson causing significant damage
- Drive-by shootings
- Discharging a firearm into an occupied building
- Manufacturing or selling controlled substances
- Gang-related violent felonies
- Torture and aggravated mayhem
- Witness intimidation or bribery
- Voluntary manslaughter
Special Rule for Delayed Arrest
If a minor commits a serious offense at age 14 or 15 but is not arrested until age 18 or older, the case may still be transferred to adult court if a judge approves.
Consequences of Being Tried as an Adult
When a juvenile is tried as an adult, the consequences are significantly more severe than in juvenile court.
Adult court penalties
- Long prison sentences, including decades or life
- Permanent criminal record
- Fewer opportunities for rehabilitation
Adult incarceration
Minors convicted as adults may be placed in juvenile facilities initially but are often transferred to adult prison once they turn 18.
Differences Between Juvenile and Adult Court
| Factor | Juvenile Court | Adult Court |
|---|---|---|
|
Focus |
Rehabilitation |
Punishment |
|
Records |
Often sealed |
Permanent record |
|
Sentencing |
Limited custody |
Long prison terms |
|
Programs |
Education and counseling |
Limited rehabilitation options |
Example Scenario
Example
A 17-year-old is charged with armed robbery involving a firearm. The prosecutor requests a transfer hearing. The judge reviews the severity of the crime, the minor's history, and the minor's potential for rehabilitation. If the judge finds the case too serious for juvenile court, the minor may be tried as an adult.
Key Takeaways
- Only minors aged 16 or 17 can be tried as adults in California
- A judge must approve the transfer after a hearing
- Serious and violent crimes are the primary basis for adult prosecution
- Adult court carries harsher penalties and long-term consequences
- Juvenile court focuses on rehabilitation and future reintegration
Frequently Asked Questions
Can a 15-year-old be tried as an adult in California?
Generally no. Current law prevents most minors under 16 from being tried as adults.
Who decides if a minor is tried as an adult?
A juvenile court judge makes the decision after a transfer hearing.
What crimes lead to adult prosecution?
Serious violent crimes such as murder, rape, robbery, and kidnapping are the most common.
Can a juvenile avoid adult court?
Yes. A strong legal defense can argue that the minor is suitable for rehabilitation in juvenile court.
Is juvenile court better than adult court?
In most cases, yes. Juvenile court focuses on rehabilitation and often results in less severe long-term consequences.
Speak With a California Criminal Defense Attorney
If a minor is facing serious charges that could lead to adult prosecution, early legal intervention is critical. A skilled defense attorney can advocate for keeping the case in juvenile court and work to protect the minor's future.
Having an experienced California criminal defense attorney at Esfandi Law Group by your side greatly improves your chances for a positive outcome. To arrange a free consultation, feel free to reach out to us here.
