Every parent’s nightmare is receiving a phone call saying their child has been arrested. If your child is facing criminal charges in Arizona, the situation becomes far more urgent when the state decides to charge them as an adult. While juvenile courts are designed to rehabilitate minors, the adult criminal justice system is much harsher and focused on punishment. This shift can significantly impact a child’s future, including where they are detained, the length of their sentence, and whether they have a permanent criminal record.
In Arizona, juveniles can be charged as adults in some instances, especially when accused of violent or repeat felony offenses. The juvenile justice decision is governed by Arizona Revised Statutes (ARS) § 13-501, which outlines the criteria for transferring a juvenile crime to adult court for serious crimes. These laws apply to minors as young as 14 years old in some situations related to juvenile delinquency in Arizona. Once assigned, a juvenile may be subject to the same penalties as an adult, including prison time.
This article will walk you through the process of charging a juvenile as an adult in Arizona, including the types of offenses that qualify, the consequences of being tried in adult court, and how a skilled defense attorney like Arja Shah of Shah Law Firm can provide effective representation in juvenile court cases. A strong defense attorney can help protect your child’s future in juvenile court. If your child is facing this kind of situation, it is essential to understand your rights and act quickly.
- Overview of Arizona Juvenile Justice and ARS §13-501
- Which Juvenile Crimes Can Be Tried in Adult Court?
- How the Transfer from Juvenile Court to Adult Court Happens
- Penalties Juveniles Face When Tried as Adults
- Real-World Examples of Juveniles Tried as Adults in Arizona
- Defense Strategies in Juvenile Transfer and Adult Prosecution Cases
- FAQs About Juveniles Charged as Adults in Arizona
- How a Criminal Defense Attorney at Shah Law Firm Can Help
Overview of Arizona Juvenile Justice and ARS § 13-501
Arizona’s juvenile justice system is designed with rehabilitation in mind. Juvenile courts focus on guiding minors back on track, rather than punishing them like adult courts do. But there are limits to this leniency.
Under certain conditions, minors can be prosecuted as adults under ARS § 13-501.
What Does ARS § 13-501 Say?
According to ARS § 13-501, juveniles 15, 16, or 17 years old may be prosecuted in adult court if they are charged with certain violent felony offenses, including but not limited to:
- First-degree or second-degree murder
- Forcible sexual assault
- Armed robbery
- Aggravated assault involving a deadly weapon
In some cases, even 14-year-olds may be transferred to adult court if the prosecutor requests a transfer and the judge approves it during a juvenile defense hearing. Additionally, juveniles with a history of criminal activity or who are chronic felony offenders may be more likely to face adult charges.
Arizona law also mandates that a juvenile must be charged as an adult for certain repeat offenses.
For example, if a juvenile has previously committed two or more felony offenses, the law may require that subsequent felony charges be handled in adult criminal court.
Which Juvenile Crimes Can Be Tried in Adult Court?
Not every offense committed by a minor will result in them being tried as an adult. Arizona distinguishes between mandatory adult charges, discretionary transfers, and offenses kept in juvenile court.
Mandatory Adult Charges
These are serious crimes where a juvenile must be prosecuted in adult court:
- Murder (ARS 13-1105, 13-1104)
- Forcible sexual assault (ARS 13-1406)
- Armed robbery (ARS 13-1904) is a felony offense that can lead to a juvenile being tried in adult court.
- Violent felony offenses committed with a deadly weapon
Discretionary Transfers
The county attorney may request the court to transfer a juvenile to adult court if:
- The offense is a felony
- The juvenile is at least 14 years old
- There’s a substantial record of prior offenses
- An adult prosecution would better serve public safety
These transfer decisions often depend on the juvenile’s age, which can impact the decision in the adult court system, criminal history, mental condition, and the severity of the offense.
Common Juvenile Offenses That Could Lead to Transfer
Some examples of felony charges that may result in a transfer to adult court include:
- Aggravated assault
- Burglary
- Drug trafficking or distribution is considered a serious felony offense under juvenile justice laws.
- Vehicle theft
How the Transfer from Juvenile Court to Adult Court Happens
The transfer process from juvenile court to adult court in Arizona is known as a “discretionary transfer” or “prosecution of a juvenile as an adult,” which is a serious offense in Arizona. Under ARS § 13-501.
Steps in the Transfer Process:
- Initial Filing: The prosecutor decides whether to file charges in juvenile court or request a transfer to adult court.
- Transfer Hearing for serious offenses. If requested, the juvenile court holds a transfer hearing to evaluate factors like:
- The minor’s age is a critical factor in determining the juvenile justice process
- Type and seriousness of the offense
- Past juvenile record
- Public safety concerns
- Decision: The judge either approves or denies the transfer.
- Adult Court Jurisdiction: If approved, the case moves to adult criminal court for further proceedings related to juvenile crimes in Arizona.
Once transferred, a juvenile loses the protections typically granted in the juvenile court system for serious offenses. These include more flexible sentencing, sealed records, and shorter periods of detention.
Penalties Juveniles Face When Tried as Adults
A juvenile tried in adult court may receive the same penalties as any adult defendant. This includes long-term imprisonment, mandatory minimum sentences, and even life in prison for offenses such as homicide or sexual assault.
Without an experienced defense lawyer, a juvenile offender could face years—or decades—of incarceration in the Arizona Department of Corrections instead of rehabilitation through the Department of Juvenile Corrections.
This is why attorney Arja Shah and the Shah Law Firm take juvenile cases seriously. With nearly 20 years of experience, Arja Shah knows how to fight to keep juvenile cases out of adult court, challenge the charges, and pursue diversion or rehabilitation programs whenever possible with the help of an experienced attorney.
Penalties Comparison Table
| Charge Type | Tried in Juvenile Court | Tried in Adult Court |
|---|---|---|
| First-Degree Murder | Sent to Arizona Department of Juvenile Corrections until age 18-19 | 25 years to life in prison (ARS 13-1105) |
| Aggravated Assault with Weapon | Commitment until 18–21 (depending on review) | 5–15 years in prison (ARS 13-1204) |
| Armed Robbery | Possible rehab, parole at 18 or 19 | 7–21 years in prison (ARS 13-1904) |
| Drug Trafficking | Juvenile detention, probation, or diversion | Up to 10+ years, depending on substance (ARS 13-3407) |
Real-World Examples of Juveniles Tried as Adults in Arizona
- Example 1: Armed Robbery in Tempe
- A 16-year-old juvenile offender from Tempe was arrested for allegedly robbing a gas station with a firearm, a felony offense. Because armed robbery with a deadly weapon qualifies as a violent felony, the Maricopa County Attorney’s Office automatically filed charges in adult court under ARS § 13-501(A). The teen faced a 10-year minimum sentence in adult prison before his defense attorney negotiated a plea deal to reduce the charges.
- Example 2: Aggravated Assault in Tucson
- A 15-year-old student in Tucson got into a fight that escalated into a stabbing. Although the teen had no prior record, the severity of the injuries led the Pima County prosecutor to seek transfer to adult court. After a contested transfer hearing, the judge denied the transfer request, allowing the minor to remain in juvenile court, agreeing with the defense attorney that the minor could benefit more from rehabilitation than incarceration.
Defense Strategies in Juvenile Transfer and Adult Prosecution Cases
If your child is facing the possibility of adult charges, your defense attorney can use several strategies to fight the transfer or reduce the consequences. Attorney Arja Shah at Shah Law Firm understands both juvenile and adult courts and can tailor a defense to your child’s unique situation.
Key Defense Strategies:
- Fight the transfer of a juvenile offender to adult court.
- Present evidence of the child’s capacity for rehabilitation
- Use expert testimony about emotional and cognitive development
- Emphasize the lack of prior offenses
- Challenge the Evidence
- Question the legality of the search, arrest, or confession
- Suppress improperly obtained statements
- Dispute witness credibility
- Seek Diversion Programs
- Negotiate with the prosecutor to keep the case in juvenile court
- Argue for alternative resolutions like community service or treatment programs
- Mitigate Sentencing
- If transfer is unavoidable, advocate for reduced charges
- Present strong mitigating evidence to lower sentencing exposure
- You have the right to appeal transfer decisions made regarding a juvenile offender.
- File motions to reverse transfer rulings based on procedural errors
FAQs About Juveniles Charged as Adults in Arizona
- Can a 14-year-old be tried as an adult in Arizona?
- Yes, but only for certain felony offenses, and only after a judge approves a transfer to adult court following a juvenile defense hearing under ARS § 13-501.
- Will my child go to prison if convicted as an adult?
- Possibly. If convicted in adult court, juveniles face the same sentencing guidelines as adults. However, a skilled defense attorney may argue for leniency or alternative sentencing.
- Can adult charges be reversed back to juvenile court?
- Yes, if the transfer hasn’t yet occurred or if a judge decides the case should remain in juvenile court. The defense must file a motion and present strong supporting arguments.
- What is a “chronic felony offender” under Arizona law?
- A juvenile who has committed two or more prior felony offenses may be labeled as a chronic felony offender, which can trigger mandatory adult prosecution under ARS § 13-501.
- Can records from juvenile court be sealed or expunged?
- Yes, in many cases, juvenile records can be sealed or set aside once certain conditions are met. However, adult convictions stay on your record unless overturned or specifically set aside.
How a Criminal Defense Attorney at Shah Law Firm Can Help
When your child is facing criminal charges, especially those that could result in adult prosecution, experience matters. Attorney Arja Shah has spent nearly 20 years defending juveniles and adults across Maricopa County, Pinal County, and Pima County. She has successfully prevented juveniles from being transferred to adult court and has negotiated reduced charges in serious felony cases.
At Shah Law Firm, we treat every juvenile client with the attention and urgency they deserve. We understand that a child is not a criminal—and that the justice system should never abandon rehabilitation in favor of punishment too quickly.
Let us help you protect your child’s rights, their future, and your peace of mind. We offer free consultations so you can speak directly with an experienced criminal defense attorney and make an informed decision.
Call Shah Law Firm today at (602) 560-7408 or visit arjashahlaw.com to schedule your free consultation with attorney Arja Shah.
