When Can a Juvenile Be Charged as an Adult?
One dangerous misconception young people often have is that they cannot be charged as adults if they are under 18. In Florida, this belief is far from reality. As a parent, the thought of your child facing the legal system can be overwhelming. If you are wondering when a juvenile can be charged as an adult here in Florida, the answer is that it depends. While Florida law allows a juvenile to be charged as an adult in certain circumstances, each case is unique. It is best to consult a juvenile crime lawyer to assess your case and guide you on the way forward. Let’s look at some factors courts consider and what this could mean for your child.
Florida’s Juvenile Justice System and the “Direct File” Process
Florida’s legal system grants prosecutors significant discretion when charging juveniles as adults through a “Direct File” process. Unlike many states where a judge must approve such a move, Florida prosecutors can decide to transfer certain juvenile cases to adult court. This applies to minors as young as 14, depending on the nature and severity of the crime. While the aim is always to try and rehabilitate young offenders instead of imposing punitive measures against them, some crimes may trigger harsher consequences, pushing cases into the adult criminal justice system instead.
Crimes Eligible for Adult Prosecution in Florida
Under Florida’s Direct File statute, juveniles can face adult charges for specific serious offenses, including the following:
- Murder
- Sexual battery
- Robbery
- Aggravated assault
- Arson
- Aggravated child abuse
- Carjacking
- Weapons during a robbery
- Burglary
- Some lewd offenses
- Kidnapping
- Grand theft
It is essential to note that 16 and 17-year-old minors can be seen as adults for any felony or even certain misdemeanors if they have a record of prior juvenile adjudications, even if these previous adjudications were withheld.
In cases involving extreme offenses, such as murder, juveniles may face the same sentences as adults, including life imprisonment.
Factors Considered by the Court
The decision to transfer a juvenile to adult court isn’t made lightly. When a prosecutor seeks to file adult charges, the case typically goes to a judge for review. Some of the factors the court considers include:
- The seriousness of the crime
- The level of aggression, violence, or premeditation involved
- The child’s maturity and sophistication
- The minor’s prior criminal history, if any.
Long-Term Implications of Adult Prosecution for Juveniles
Being charged as an adult has far-reaching consequences for a young person’s future. Beyond the immediate penalties, a conviction can lead to:
- A permanent criminal record
- Difficulty securing financial aid for college
- Challenges finding employment or housing since a record may appear on background checks
- Loss of certain civil rights, such as voting or firearm ownership.
Unlike juvenile records, adult convictions are often ineligible for expungement, meaning the stigma of a criminal record could follow a young offender for life. As a parent or guardian, it is in your best interest to work with a skilled attorney who can advocate for the minor to remain in juvenile court, where the focus is rehabilitation rather than punishment.
Contact Our Orlando Juvenile Crime Lawyer Today
If your child is entangled in Florida’s criminal justice system, do not navigate the process alone. Our experienced and compassionate Orlando juvenile crime lawyer at Joshi Law Firm, PA, can offer guidance to safeguard your child’s rights and future. Call us today at 844-GO-JOSHI or contact us online to schedule a consultation.
Source:
floridapolicy.org/posts/florida-leads-the-nation-in-prosecuting-children-as-adults-whats-being-done-about-it
