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How Does The Court Determine If A Juvenile Will Be Sentenced As An Adult?
Many of the juveniles who are arrested and sentenced in the state of California are tried as a juvenile.
Even though the above is true, there are some instances in which a juvenile can be, and is, sentenced as an adult for the crimes that they are alleged to have committed.
Going over how the court determines if a juvenile will be sentenced as an adult while speaking with a juvenile criminal defense lawyer will allow you to obtain the best possible legal outcome.
Can Any Juvenile Be Sentenced As An Adult?
The answer to this question is “No.” But, a juvenile can be sentenced as an adult if they are sixteen or older.
Just as an example, if a sixteen-year-old juvenile allegedly sexually assaults someone, then they can be sentenced as an adult.
Outside of the above, a juvenile can only be sentenced as an adult if they commit a serious crime.
Some examples of serious crimes that a juvenile can be sentenced as an adult for are as follows:
- Murder
- Robbery
- Arson
- Rape
- Kidnapping
If a juvenile allegedly commits any one of the above, then they can be sentenced as an adult. But this is only true if they are sixteen or older.
A juvenile who commits one of those crimes and is younger than sixteen cannot be sentenced as an adult.
How Does The Court Determine If A Juvenile Will Be Sentenced As An Adult?
The only person who can determine whether or not a juvenile will be sentenced as an adult is the judge overseeing that particular juvenile’s case.
Just as an example, if a juvenile is arrested, neither the police, nor a prosecutor, have the ability to say that the juvenile, in question, will be sentenced as an adult.
Even though a prosecutor does not have the ability to determine that a juvenile will be sentenced as an adult, they can recommend that a juvenile do so if they have been accused of committing at least one felony offense.
The judge can, and often will, take the prosecution’s recommendation into account. This will initially lead to a fitness hearing, where the judge can determine if the minor is fit for juvenile rehabilitation.
To determine the above, the judge will evaluate the juvenile’s history with the criminal court, the circumstances of their alleged offense, as well as whether or not they had genuine criminal intent.
Outside of that, the judge will also look at the arguments and evidence presented by a juvenile’s lawyer, as well as their probation officer.
If the juvenile in question is found to be “unfit” for juvenile rehabilitation, then they can be placed into adult court and, as such, sentenced as an adult.
Speak With An Orange County Juvenile Defense Lawyer Today
If your child is facing criminal charges, then you must obtain legal help. Speak with an Orange County juvenile defense lawyer at the Law Office of Katie Walsh today, and we will help your child obtain the best possible legal outcome.