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When Are Juveniles Likely to be Tried as Adults for Crimes in Texas?
Before answering that question, it’s helpful to understand how Texas law defines juveniles. Anyone under 17 is considered a juvenile. Once someone reaches the age of 17, if they’re charged with a crime, they’ll be sent to the adult court (as long as the crime happened before they turned 17).
Depending on the circumstances of the crime being charged, someone between the ages of 10 and 16 could be tried as an adult or a juvenile. However, children aged 9 and under would only be charged as juveniles because the law believes that anyone that young is too young to have actual criminal intent.
A juvenile may be charged as an adult if they’re accused of committing one or more of the following crimes.
- A capital felony, which includes capital murder
- A first-degree felony, which includes aggravated sexual assault or robbery
- A second-degree felony, which includes manslaughter (including driving while under the influence [DWI] manslaughter) or bribery
- A third-degree felony, which includes stalking, third DWI, or assault while intoxicated
- A state jail felony, which includes DWI while a child is a passenger in the vehicle, grand theft between $1,500-20,000, or evading arrest
What’s Different When a Juvenile Is Charged as an Adult Instead of as a Juvenile?
Many things are different. Juvenile court in Texas is focused on rehabilitation and encouraging the juvenile not to commit crimes going forward. Consequences often include probation, loss of their driver’s license, counseling, restitution to any victims, community service, or time in a juvenile detention center. Those crimes may remain on the juvenile’s record unless they qualify for an Automatic Restriction of Access to Records, which is a Texas law that limits access to juvenile records after the person in question turns 21, as long as they haven’t committed any other crimes once they turned 17.
In contrast, being charged as an adult for the serious crimes listed above can have significant and life-changing outcomes. There can be mandatory minimum jail times (and not in juvenile detention), fines, and other consequences. What’s more, while those convictions stay on the record, it can be much more difficult to do things ranging from applying for housing to applying for college or financial aid, owning a firearm, being eligible for various professional licenses required for some jobs, or traveling internationally. It’s possible these consequences will follow the convicted person for the rest of their life.
What Could Be Used as a Defense for a Juvenile Being Tried as an Adult in Texas?
There are myriad approaches to building a defense for a juvenile being tried as an adult in Texas. No one method will work for everyone. That’s why it’s crucial to work with an experienced criminal defense attorney who understands the nuances in the laws guiding juveniles being tried as adults and can help determine the best route in your case.
These are not the only things that might help, but they’re indicative of the various approaches that might apply.
- Lack of intent. Intent is a big part of felonies. The juvenile may be tried as an adult, but it could be argued that they were still too young to fully understand what they were doing.
- Using age strategically. Even when tried as an adult, it may help to remind the court of the age of the alleged perpetrator and that they likely don’t have the maturity level of an older adult. It may help lead to rehabilitative sentencing rather than punitive. Whether or not this may be successful depends on several factors, including whether there are prior convictions, if the juvenile is deemed a danger to the public, or whether the court believes rehabilitation may work.
- Self-defense. It may be argued that the crime took place out of self-defense.
- Procedural errors. If the arrest wasn’t done according to the law or any evidence was gathered, stored, or represented incorrectly, it may be possible to have the charges reduced or dropped.
- Witness credibility. It may be possible to argue that any witnesses were not credible for various reasons, including their own youth and lack of maturity.
Is There a First Offender Program in Texas?
Yes, Texas has a first offender program that could be applicable to a juvenile charged as an adult. However, it’s usually not available for most felony or violent misdemeanor charges.
The program is meant to try to keep juveniles out of court and reduce overall recidivism. When a juvenile is referred to this program, they may be ordered to accomplish a number of things, including probation, restitution to a victim, community service, or vocational training, among others. They’ll also have to report to a designated agency on a regular basis.
If the program is successfully completed, the case is closed and won’t go to court.
What Should We Do if We Need Assistance with a Juvenile Charged as an Adult in a Criminal Case?
Call the Edgett Law Firm as soon as possible in Prosper at 972-810-3410 or in McKinney at 972-525-4963 to schedule a free consultation.
As a criminal defense attorney, I understand how serious these charges are and how traumatic this situation is for you. Each case is unique, and there is no one-size-fits-all approach that works for all. I can walk you through the specifics of your case to determine what approach might be best to achieve the desired outcomes.
