In Tennessee and throughout the United States, the juvenile justice system is designed to rehabilitate young offenders rather than simply punish them. However, there are certain circumstances where a juvenile may be charged as an adult. When this happens, the young person faces more severe penalties, and the case is tried in an adult criminal court.
Understanding when and why juveniles are charged as adults is crucial, especially if you or someone you know is facing such a situation in the Johnson City or Kingsport area.
Factors Determining Juvenile to Adult Transfer
Several key factors influence whether a juvenile will be tried as an adult:
Age of the Juvenile: In Tennessee, juveniles aged 16 or older are more likely to be transferred to adult court, especially if the crime is particularly serious. However, in some cases, juveniles as young as 14 can be charged as adults depending on the severity of the offense.
Type of Offense: The nature of the crime is a significant factor in whether a juvenile will be charged as an adult. Violent crimes such as murder, armed robbery, or aggravated assault are more likely to lead to an adult charge. Offenses involving weapons or repeated criminal behavior also increase the likelihood of being tried as an adult.
Juvenile’s Criminal History: A juvenile with a prior record, especially for serious offenses, may be more likely to face adult charges. Courts may determine that the juvenile justice system is no longer effective for repeat offenders and may seek to impose harsher penalties to protect the community.
Mental Capacity and Maturity: The court may also consider the mental maturity and capacity of the juvenile. If the court believes that the juvenile understands the consequences of their actions and can distinguish between right and wrong, this may sway the decision toward charging them as an adult.
Process of Charging a Juvenile as an Adult
In Tennessee, a process called a transfer hearing is used to determine if a juvenile will be tried as an adult. During this hearing, the prosecutor must convince the judge that transferring the case to adult court is in the best interest of the community or necessary due to the seriousness of the crime.
The court will consider the following factors during the transfer hearing:
- The juvenile’s age and level of maturity
- The nature and seriousness of the crime
- Whether the juvenile can be rehabilitated in the juvenile justice system
- The juvenile’s prior criminal history
The judge ultimately decides whether to transfer the case to adult court or keep it in juvenile court.
Consequences of Being Charged as an Adult
When a juvenile is charged as an adult, they face the same penalties as any adult charged with a similar crime. This can include long prison sentences, fines, and having a permanent criminal record. Additionally, juveniles tried as adults are often incarcerated in adult facilities, which can be a traumatic and dangerous experience for young offenders.
It is also important to note that once a juvenile is convicted as an adult, they may be treated as an adult for any future criminal offenses, regardless of age.
Protect Your Child’s Future with Experienced Juvenile Defense from Meade Law Group !
If you or a loved one is facing the possibility of being charged as an adult in Tennessee, having an experienced criminal defense attorney is essential. Mac Meade of Meade Law Group provides thorough and aggressive representation to protect the rights of juveniles in upper east Tennessee, ensuring that all possible avenues are explored for keeping the case in juvenile court.
Contact us today at (423) 464-7779 for a consultation.
