When Are Minors Charged as Adults in California?
April 3, 2025 | Nafiz M. Ahmed
Minors, those who are under 18 years old, can be charged as adults depending on the severity of the charge and the circumstance of the activity. Unfortunately, most minors cannot comprehend the far-reaching consequences of their actions.
The juvenile justice system in California works to rehabilitate minors, seeking to prevent future legal intervention. Parents or guardians may generally face accountability when a young child commits a violation. Parents or guardians can be responsible both in civil court and criminal court.
Definition of Minors in California
In California, individuals under 18 are generally considered minors, but the law allows certain exceptions. If you are 18 years or older, you are considered an adult and fully accountable for your actions under California law. However, individuals aged 14 to 15 may face a request for transfer from juvenile court to criminal court, depending on the circumstances. For those 16 and older, the decision to try the case in criminal court is based on the severity of the charge.
Crimes That Can Lead to a Minor Being Charged as an Adult in Redwood City, CA
A judge may rule in a transfer hearing that a minor in California aged 16 to 17 who commits a serious crime should understand the enormity of their actions. They will then face responsibility for the violation as an adult. The courts may try a minor as an adult for a violation of one of the following offenses:
- Murder, attempted murder, or voluntary manslaughter
- Arson causing significant bodily injury
- Robbery
- Sex crimes, including rape
- Aggravated kidnapping
- Aggravated assault
- Violent felony
- Carjacking
- Torture
- Aggravated mayhem
- Drugs manufacturing of a specific amount
In addition, facing charges as an adult, a conviction will result in more significant fines, penalties, and jail time.
The Benefits of Facing Charges as a Minor as Opposed To Being Tried as an Adult
Minors 15 and under benefit from Proposition 57, the Public Safety and Rehabilitation Act of 2016. The Act permits them to remain under the juvenile court jurisdiction, preventing their being tried as adults. The Act ensures:
- Sealing of most criminal records and possible expungement upon completion of probation
- No juvenile under the age limit will serve time in a prison facility
- Their sentencing focuses on rehabilitative measures instead of punishment
The differences in sentencing outcomes highlight the impact of being charged and convicted as an adult. Fighting to keep a hearing in juvenile court can improve long-term outcomes. Addressing a minor’s actions in the juvenile system can provide options other than punishment to address adverse actions and behaviors.
The Role of a Juvenile Crimes Lawyer in Defending a Minor Against Charges as an Adult
Helping your minor remain under the jurisdiction of the juvenile court system is a crucial role your legal advocate will play. Wobbler offenses and existing charges or convictions will play a pivotal role in whether your teen faces charges as an adult. A juvenile crimes lawyer may perform the following roles as well:
- Understandably explain the legal process to you and your minor
- Advocate for the optimal outcome, whether adult or juvenile charges apply
- Build the case, striving to keep the matter within the juvenile system
When the evidence does not support charging a minor as an adult or requiring them to face charges, fighting for a case’s dismissal will remain a top priority.
Is Your Minor Being Charged as an Adult in Redwood City?
Your minor is at a pivotal moment when a conviction can be life-changing or rehabilitative. It’s crucial to act quickly to protect their future. A skilled juvenile crimes lawyer can fight to keep the case in juvenile court, where rehabilitation-focused sentencing may offer a better chance for your child’s future. Contact an experienced attorney to ensure your child receives the best possible defense and guidance through this critical process.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500