Navigating the criminal justice system can be terrifying for anyone, particularly for minors and their families. While the legal system generally aims to rehabilitate juveniles, there are circumstances in Pennsylvania where a minor can be charged as an adult. This can lead to more severe penalties, a permanent criminal record, and lifelong consequences.
Understanding when and why juveniles are transferred to adult court—and the implications this holds—is essential for parents and guardians. This article will outline the criteria for charging juveniles as adults in Pennsylvania, the offenses that most commonly lead to such charges, the impact of adult prosecution on a juvenile’s future, and the importance of securing competent legal representation.
The Legal Criteria for Charging Juveniles as Adults in Pennsylvania
Pennsylvania law allows minors to be charged as adults under certain conditions. These cases are often referred to as direct files, automatic transfers, or decertifiable cases, depending on how the minor ends up in adult court. The key factors that determine whether a juvenile will face charges as an adult include age, the nature of the offense, and whether they are a repeat offender.
1. Age of the Juvenile
- Juveniles Over Age 15
Pennsylvania law permits minors aged 15 and older to be charged as adults for specific crimes. For example, violent crimes committed with a deadly weapon fall under this category.
- Juveniles Below Age 15
While rare, minors under 15 can still be charged as adults. This typically occurs in cases of extremely severe crimes like murder or other felonies of exceptional gravity.
- Age Thresholds in Pennsylvania Law
The minimum age for adult transfer varies by the type of crime and circumstances. Certain statutes dictate automatic adult status, whereas others rely on judicial discretion or prosecutor recommendations.
2. Severity of the Crime
Certain offenses automatically make a juvenile eligible for prosecution as an adult. These typically involve violent or high-level felonies. Some examples include:
- Murder (automatic adult court jurisdiction regardless of the defendant’s age).
- Aggravated Assault involving severe physical injury.
- Armed Robbery or other crimes where a deadly weapon was visibly used or brandished.
- Sexual Offenses such as rape or aggravated indecent assault.
For less severe offenses, prosecutors can request that the juvenile be transferred to adult court if they believe the crime was especially egregious.
3. Repeat Offenses
Juveniles with a history of criminal activity may also face adult charges. For instance:
- A teenager who repeatedly commits violent felonies or shows a pattern of escalating behavior may be considered too dangerous for the juvenile system.
- Pennsylvania courts weigh the juvenile’s prior record in their decision to transfer cases.
4. Judicial Discretion and Prosecutorial Recommendations
Some cases require a hearing to determine whether a minor should be tried as an adult. Known as a “transfer hearing” or “certification hearing,” this process involves a judge reviewing the facts of the case and the minor’s background. Factors considered include:
- The juvenile’s age and maturity level.
- The minor’s likelihood of rehabilitation within the juvenile justice system.
- The nature of the crime and whether it involved violence.
5. Mandatory Transfer Laws
Under Pennsylvania’s mandatory transfer laws, some cases bypass the juvenile system entirely and are automatically filed in adult court. This is most often the case for serious felonies committed by juveniles over the age of 15.
Common Offenses That Lead to Adult Charges
Although Pennsylvania prefers to rehabilitate minors through the juvenile justice system, some offenses are considered too severe for this approach. The following are common examples of crimes that often lead to juveniles being charged as adults:
1. Murder
Juveniles accused of first-degree murder or second-degree murder are automatically tried in adult court under Pennsylvania law, regardless of age.
2. Armed Robbery
Robbery involving weapons typically results in adult charges, especially if the crime caused injury or endangered lives.
3. Aggravated Assault
Serious physical assaults involving extreme violence or the use of deadly weapons can result in mandatory adult prosecution.
4. Rape and Sexual Assault
Serious sexual offenses, particularly those involving physical harm or repeat offenses, may lead to adult charges for juveniles over a certain age.
5. Drug Trafficking
Distribution or manufacturing of drugs on a large scale may push a case into adult court, especially if weapons or organized criminal activity are involved.
Implications of Being Tried as an Adult
When a juvenile is tried as an adult, they face far more severe consequences than they would in juvenile court. The long-lasting effects can significantly alter their future opportunities and quality of life. Here are the key implications:
1. Harsher Sentencing
- Adult convictions often carry mandatory minimum sentences.
- Juveniles sentenced in adult court can face decades—or even life—in prison without the rehabilitative focus of the juvenile system.
2. No Rehabilitation Programs
The juvenile court system focuses on rehabilitation, offering programs like counseling, education, and community service. These options are typically unavailable in adult court.
3. Permanent Criminal Record
An adult criminal record can follow a juvenile for life, impacting their ability to:
- Pursue higher education.
- Secure employment.
- Rent housing or apply for loans.
Pennsylvania law allows record expungements for juveniles but not for adults, making it nearly impossible to erase the consequences of an adult conviction.
4. Adult Prison System
Juveniles sentenced in adult court may serve time in adult facilities, exposing them to a harsh environment that can be traumatic and dangerous.
The Role of a Defense Attorney
If your child is facing charges as an adult, hiring an experienced juvenile defense attorney is critical. A skilled lawyer can fight for your child’s rights, ensure they are treated fairly, and increase the likelihood of keeping their case in juvenile court.
1. Advocating for a Transfer Back to Juvenile Court
An attorney can request a “decertification hearing” or argue that the case should remain in juvenile court, emphasizing the minor’s potential for rehabilitation.
2. Building a Strong Defense
Experienced lawyers investigate whether the charges are supported by evidence, whether police followed proper procedures, and whether other mitigating factors could lead to reduced charges or case dismissal.
3. Negotiating Plea Deals
For cases in adult court, legal representation can negotiate plea agreements to minimize sentencing or avoid adult criminal convictions altogether.
4. Providing Long-Term Guidance
Juvenile defense attorneys help families understand their options and steer them toward resources that support rehabilitation.
Final Thoughts
Being charged as an adult can transform a juvenile’s life in irreversible ways. Pennsylvania law allows for this under specific circumstances, but the process is complex and requires strong legal advocacy. Knowing the criteria for adult charges, the consequences involved, and the importance of legal representation is essential for families navigating this challenging situation.
If you or your child are facing adult criminal charges in Pennsylvania, consult an experienced juvenile defense attorney as soon as possible. The right lawyer can fight for the best possible outcome, helping to protect the accused’s future and giving families peace of mind.