Juvenile vs. Adult Court: When Will a Minor Be Tried as an Adult in Los Angeles?
California’s juvenile justice system is built on the principle of rehabilitation rather than punishment. In most cases, minors accused of crimes are dealt with in juvenile delinquency court, where the focus is supervision, treatment, education, and age-appropriate accountability. However, there are circumstances under California law where a minor can be transferred out of juvenile court and prosecuted in adult criminal court. When that happens, the potential consequences increase dramatically.
Understanding when and how a minor may be tried as an adult requires a close look at California statutes, the role of the juvenile court judge, and the specific factors courts are required to consider. Contact Kosnett Law Firm for immediate help from a skilled and experienced Los Angeles criminal defense lawyer.
The Default Rule: Juvenile Court Jurisdiction
In California, juvenile courts have original jurisdiction over most criminal offenses committed by minors under the age of 18. These cases are handled under Welfare and Institutions Code section 602, which governs delinquency proceedings. Juvenile court proceedings are confidential, records are generally sealed, and dispositions are aimed at rehabilitation rather than incarceration in state prison.
Importantly, juvenile adjudications are not “criminal convictions” in the traditional sense. The goal is to hold the minor accountable while providing services and structure designed to reduce the likelihood of future offending.
How Transfer to Adult Court Works in California
California law no longer allows prosecutors to directly file charges against minors in adult court. That authority was eliminated by Proposition 57, which passed in 2016. Today, the only way a minor can be tried as an adult is through a juvenile transfer hearing, sometimes referred to as a “fitness hearing.”
At a transfer hearing, a juvenile court judge decides whether the minor should remain in juvenile court or be transferred to adult criminal court. The burden is on the prosecution to prove that adult court is appropriate.
Not every juvenile case is eligible for transfer. The law limits transfer eligibility based on the minor’s age and the nature of the alleged offense.
Age Requirements for Adult Prosecution
Under current California law, a minor must be at least 16 years old at the time of the alleged offense to be eligible for transfer to adult court. Minors under 16 cannot be prosecuted as adults, regardless of the offense.
Even for 16- and 17-year-olds, transfer is not automatic. Eligibility simply means the prosecution may request a transfer hearing, not that the request will be granted.
Offenses That Can Trigger a Transfer Hearing
Only certain serious or violent offenses qualify for potential adult prosecution. These include, among others, murder, attempted murder, certain felony sex offenses, robbery with a firearm, and other violent felonies listed in Welfare and Institutions Code section 707(b).
If the alleged offense does not fall within one of these qualifying categories, the case must remain in juvenile court.
The Five Statutory Factors Judges Must Consider
At a juvenile transfer hearing, the judge must evaluate five specific factors set out in Welfare and Institutions Code section 707(a). No single factor is dispositive; the court must weigh all of them together.
First, the court considers the degree of criminal sophistication demonstrated by the minor. This includes whether the offense was planned, whether the minor used advanced tactics or tools, and the extent to which peer pressure or adult influence played a role.
Second, the judge evaluates whether the minor can be rehabilitated prior to the expiration of juvenile court jurisdiction, which generally ends at age 25. This factor often involves testimony from probation officers, psychologists, or other experts regarding treatment options and the minor’s responsiveness to past interventions.
Third, the court looks at the minor’s prior delinquent history, including the seriousness of any previous offenses and how the minor performed while on probation or under court supervision.
Fourth, the judge examines the success or failure of previous attempts at rehabilitation, such as counseling, placement in juvenile facilities, or community-based programs.
Finally, the court considers the circumstances and gravity of the alleged offense, including whether it involved violence, weapons, or serious injury.
What Happens if the Case Is Transferred
If the juvenile court grants the prosecution’s request, the case is transferred to adult criminal court. From that point forward, the minor is treated largely like an adult defendant. The case becomes public, the potential penalties increase substantially, and a conviction can result in a permanent criminal record.
That said, California law still provides some protections for minors tried as adults. In certain cases, sentencing alternatives and youth offender parole considerations may apply, depending on the offense and sentence imposed.
If the judge denies the transfer request, the case remains in juvenile court and proceeds under delinquency rules.
Why Transfer Hearings Are So High-Stakes
A juvenile transfer hearing is often one of the most consequential stages of a case involving a minor. The decision determines not only the court where the case will be heard but also the long-term impact on the minor’s future, including exposure to adult sentencing, incarceration, and lifelong collateral consequences.
Because these hearings involve expert testimony, psychological evaluations, and detailed legal argument, they are heavily contested. Effective advocacy at this stage can mean the difference between a rehabilitative juvenile disposition and adult criminal prosecution.
Contact an Experienced Los Angeles Criminal Defense Lawyer Today
In California, minors are not automatically treated as adults simply because they are accused of serious crimes. Adult prosecution is the exception, not the rule, and it requires a formal transfer hearing where the court must carefully weigh statutory factors focused on rehabilitation and public safety. For families facing this situation, understanding how juvenile transfer works and what is at stake is essential to protecting a minor’s rights and future.
If your child has been arrested for a juvenile or criminal offense in Los Angeles, contact Kosnett Law Firm to find out how we can help.
