Can a Minor Be Charged with a Felony?
If you have a child that was arrested by the Orlando Police Department, you may wonder if a minor can truly be charged with a felony. Unfortunately, yes, they can, especially if the individual is at least 14 years old.
Depending on the nature of the accusation, some children may even be treated as an adult by the courts, with adult penalties. Keep reading to learn more about the possibility of a minor being charged with a felony and how The Umansky Law Firm could help.
How Does Charging a Minor with a Felony Work?
In Florida, the Department of Juvenile Justice (DJJ) generally handles felony cases involving a minor under the age of 18 in juvenile court. This judicial system’s focus is on delinquency and rehabilitation. The DJJ manages processes such as intake and assessments and makes recommendations to the court. However, while many felony cases stay in juvenile court, prosecutors decide if violent or repeat offenders should be transferred to adult court, shifting the focus from rehabilitation to punitive measures.
What Happens if the Minor is Transferred to Adult Court?
Florida prosecutors could file felony charges against a minor, 14 years of age and older, directly in adult court for specific serious felonies, such as murder, sexual battery, and armed robbery. For 16 and 17 year olds with prior felony adjudications, all felonies could be considered, beyond those mentioned.
For capital and life felonies, a grand jury indictment can bypass juvenile court entirely, thereby treating a minor as an adult from the start of the case. If a minor’s case does get transferred to adult court, the child would face the same penalties as an adult, including the potential for prison time. While their juvenile record would be sealed, the adult record remains.
What Factors Are Considered for Adult Prosecution?
Factors such as age, specifically 14 and older, are taken into consideration when the child is accused of a serious crime. Of course, the severity of the crime also matters in these cases. Violent felonies, armed offenses, and capital crimes are key, like carjacking, kidnapping, home invasion, and certain grand thefts. The minor’s criminal history is also important. Prior felony adjudications increase the likelihood of the minor being tried as an adult.
Reach Out to Us If Your Minor Child Was Charged with a Felony
While it is true that a minor could be charged with a felony, there is hope for their defense. The skilled criminal attorneys at The Umansky Law Firm help juveniles and their families navigate the judicial system after their lives have been turned upside down by a felony charge.
Our winning defense strategies always put our client’s best interests first. A criminal record in Orlando could affect your child’s life for many years, so let us guide them through the process with experience and compassion.
