Can Minors be Prosecuted as Adults in Arizona?
Discussion of Can Minors be Prosecuted as Adults in Arizona?
In Arizona, minors aged 14 years or older can be prosecuted as adults under specific circumstances. If a youth has been convicted of two prior felonies in Juvenile Court and is subsequently arrested for another felony, the County Attorney may decide to try the individual in adult criminal court. This decision is typically made to protect public safety and is based on the severity of the offenses and the juvenile’s prior history. It is crucial to understand that transferring a minor to adult criminal court has significant implications for the accused and their future opportunities.
In certain cases, minors can be prosecuted as adults in Arizona. This often raises concerns among parents and guardians, who may worry about the long-term consequences their child might face. In this blog, we will explore the circumstances in which a minor can be prosecuted as an adult and the potential consequences. If your child is facing criminal charges, a Scottsdale juvenile assault lawyer can provide essential guidance and support. Does Your Juvenile Record Go Away at 18 in Arizona?
When Can Minors be Prosecuted as Adults in Arizona?
In Arizona, minors can be prosecuted as adults under specific circumstances. These include:
- Automatic Adult Prosecution: According to ARS §13-705, minors aged 15, 16, or 17 can be automatically prosecuted as adults if they are charged with certain serious offenses, such as murder, sexual assault, or armed robbery.
- Discretionary Adult Prosecution: In some cases, the prosecutor may decide to charge a minor as an adult, even if the offense does not fall under the automatic adult prosecution category. This usually occurs when the minor has a history of criminal behavior, or the crime is particularly severe.
- Transfer Hearings: A juvenile court judge may decide to transfer a minor’s case to adult court following a transfer hearing. During the hearing, the judge will consider factors such as the minor’s age, criminal history, and the severity of the offense before making a decision.
Consequences of Being Prosecuted as an Adult
When a minor is prosecuted as an adult, they face the same potential penalties as an adult convicted of the same crime. These penalties can include imprisonment, fines, and a permanent criminal record. A criminal record can have long-lasting effects on a person’s life, making it difficult to find employment, housing, or educational opportunities. Are Juvenile Records Sealed in AZ?
How a Scottsdale Juvenile Assault Lawyer Can Help
If your child is facing the possibility of being prosecuted as an adult, it is crucial to consult with an experienced Scottsdale juvenile assault lawyer. A skilled attorney can help you navigate the complex legal process, advocate for your child’s rights, and work to achieve the best possible outcome for their case.
Minors can be prosecuted as adults in Arizona under specific circumstances. This can result in severe consequences, including a permanent criminal record. If your child is facing criminal charges, it is crucial to seek legal guidance from a Scottsdale juvenile assault lawyer. At Chelle Law, we have experience handling juvenile cases and will work tirelessly to protect your child’s rights and future. Contact us today for a consultation.
Can a minor be charged with assault in Arizona?
Yes, a minor can be charged with assault in Arizona. In such cases, the juvenile justice system generally handles the charges. However, depending on the severity of the assault and the minor’s prior criminal history, the case may be transferred to adult court under certain circumstances.
Can a minor be questioned without a parent present in Arizona?
In Arizona, it is legally permissible for law enforcement to question minors without the presence or consent of a parent or guardian. Although many parents may believe they have the right to be present during police encounters involving their child, Arizona law does not require this. However, it is essential for minors to be aware of their rights, including the right to remain silent and the right to have an attorney present during questioning, regardless of their parent or guardian’s presence.
