Few things are as frightening for a parent as getting that call that their child has been arrested. While Arizona’s juvenile justice system is designed to prioritize rehabilitation and privacy, the situation becomes significantly more serious when a minor is prosecuted in adult court. The moment a minor is tried as an adult, the entire legal landscape shifts, moving from a system focused on guidance to one centered on punishment.
The Flagstaff defense attorneys at Griffen & Stevens Law Firm, PLLC, understand the high stakes involved when a young person faces charges in the adult system. With decades of combined experience defending clients in Flagstaff and throughout Northern Arizona, their team knows exactly how to navigate these complex cases. They are committed to protecting the rights and future of every juvenile client they represent.
How Juvenile and Adult Courts Differ
Understanding the distinction between these two systems is the first step in grasping what is at stake when a minor is tried as an adult. The fundamental purpose of each court sets them apart.
Focus of the Court
- Juvenile court. Emphasizes rehabilitation and guidance. The goal is to correct behavior and help the minor become a productive adult. Proceedings are confidential to protect the child’s future.
- Adult court. Focuses on punishment, deterrence, and public safety. Proceedings are public, and a conviction becomes a permanent part of a person's criminal record.
Terminology and Outcomes
- Juvenile court. A minor is "adjudicated delinquent" rather than convicted. Sentences can include probation, counseling, or placement in a juvenile detention facility, typically ending when the minor turns 18.
- Adult court. A minor faces a "conviction" if found guilty. Sentences are the same as those for adults, including lengthy prison terms and hefty fines.
When Can a Minor Be Prosecuted as an Adult in Arizona?
Arizona law outlines specific pathways through which a minor is tried as an adult. The process is not arbitrary; it is dictated by the minor's age, the severity of the alleged offense, and their criminal history. Arizona Revised Statute §13-501 is the cornerstone of this law.
Mandatory Transfer (Automatic)
In certain situations, the county attorney has no choice. They must file charges against the juvenile directly in adult court. This happens if the juvenile is 15, 16, or 17 years old and is accused of specific serious offenses:
- First or second degree murder
- Forcible sexual assault
- Armed robbery
- Any other violent felony offense
- Any felony committed by a chronic felony offender (defined as having two prior felony adjudications)
Discretionary Transfer (Prosecutorial Discretion)
For slightly less severe, but still serious, felonies, the law gives the county attorney the discretion to decide whether to file charges in juvenile or adult court. This applies when the juvenile is at least 14 years old and is accused of:
- Class 1 or 2 felonies
- Class 3 felonies involving specific chapters of the law (such as homicide, assault, or kidnapping)
- Class 3, 4, 5, or 6 felonies that are "dangerous offenses," meaning they involved the use of a deadly weapon or the intentional or knowing infliction of serious physical injury
Prior Felony Conviction
Arizona law also contains an "once an adult, always an adult" provision. If a juvenile has a prior felony conviction from adult court, any subsequent felony charge, regardless of the offense, must be filed in adult court.
What Happens After a Transfer to Adult Court?
Once a minor is tried as an adult and the case proceeds in criminal court, the process looks very different from a juvenile proceeding.
Sentencing Consequences
If the juvenile is convicted, they face adult penalties. However, Arizona law does recognize the defendant's youth. For juveniles convicted as adults, the court cannot impose a sentence of death, natural life, or life without the possibility of release. The court also has the discretion to impose a sentence that is less than the minimum term required by law for adults.
Detention and Supervision
While awaiting trial, the law requires that juveniles be detained separately from adults to prevent sight or sound contact, ensuring their safety. If placed on probation, the juvenile is supervised by the adult probation department but may have access to rehabilitative services typically reserved for juvenile offenders, funded by the Juvenile Probation Services Fund.
Defending a Juvenile in Adult Court
Facing the adult criminal justice system is an intimidating experience for anyone, let alone a young person. The stakes could not be higher. An adult conviction can affect a young person's ability to get into college, find a job, secure housing, or even join the military.
This is why having an experienced legal team is extremely important. The lawyers at Griffen & Stevens Law Firm conduct a thorough review of every detail, from the legality of the arrest to the handling of evidence. They understand the nuances of Arizona's transfer laws and will fight to ensure the prosecution meets its burden of proof. Their goal is to provide a robust defense, challenge the state's case at every turn, and work toward the best possible outcome, whether that means fighting for a transfer back to juvenile court or securing an acquittal in the adult system.