What Crimes Can Juveniles Be Charged as Adults for in Texas?

As a parent, one of the most frightening calls you can receive is that your child has been arrested. Your first thought is likely how to protect them and ensure they’re treated fairly by the justice system. But an arrest can be even more stressful if you learn your child may be charged as an adult, despite their young age.

In Texas, juveniles who commit certain serious offenses can be transferred from the juvenile system to adult criminal court through a process called “certification.” When a minor is certified as an adult, they face the same penalties as adult offenders if convicted, which can be significantly harsher than juvenile sentences.

Who is Considered a “Juvenile” Under Texas Law?

In Texas, a juvenile is defined as a person at least 10 years of age but younger than 17. Normally, if a juvenile is accused of a crime, their case is handled in the juvenile justice system, which focuses more on rehabilitation than punishment.

However, there are exceptions that allow the state to transfer a juvenile to adult court for prosecution. The path to certification depends largely on the juvenile’s age and the type of offense alleged.

Age and Offense Type Determine Eligibility for Certification

Under Texas Family Code Section 54.02(a), in order to be certified as an adult, a juvenile must be:

• 14 years old or older and charged with a capital felony, aggravated controlled substance felony, or first-degree felony; OR
• 15 years old  or older and charged with a second degree, third degree, or state jail felony

So, in Texas, minors as young as 14 can be tried as adults if accused of the most serious felony offenses. Let’s look more closely at those offense categories to understand the specific crimes that expose juveniles to adult charges.

Capital Felonies

A capital felony is an offense punishable by death or life in prison. The only crime that qualifies as a capital felony in Texas is capital murder.

Examples of capital murder include intentionally killing a police officer or firefighter, killing someone while committing another felony like robbery or kidnapping, or killing a child under 10 years old. A juvenile as young as 14 could be certified as an adult for these offenses.

It’s important to note that certified juveniles cannot face the death penalty. If convicted of capital murder, they face an automatic life sentence with the possibility of parole after 40 years.

First Degree Felonies

First degree felonies are the next most serious offenses after capital crimes. In Texas, examples of first degree felonies include:

• Murder (non-capital)
• Aggravated sexual assault
• Aggravated robbery
• Aggravated kidnapping
• Drug crimes involving large amounts of controlled substances

Again, a juvenile who is at least 14 years old could potentially be certified as an adult if accused of any first degree felony in Texas.

Aggravated Controlled Substance Felonies

Also known as “drug trafficking” offenses, aggravated controlled substance felonies involve possession of very large quantities of illegal drugs.

For example, possession of 400 grams or more of cocaine or methamphetamine is an aggravated controlled substance felony. The law presumes an intent to distribute when someone possesses such high volumes of dangerous drugs.

Second and Third Degree Felonies

Juveniles who are 15 or 16 years old may be certified for less serious (but still significant) felony offenses. Examples of second and third degree felonies in Texas include:

• Arson
• Robbery
• Intoxication manslaughter
• Indecency with a child
• Stalking
• Burglary of a habitation
• Aggravated assault
• Sexual Assault
• Evading arrest with a vehicle

This isn’t an exhaustive list, but it shows these are still very serious allegations, even though they may not rise to the level of first degree or capital offenses.

State Jail Felonies

State jail felonies are the lowest level of felony in Texas, punishable by 180 days to 2 years in state jail and a $10,000 fine. However, they are still more serious than misdemeanors.

Some common state jail felonies are:

• Theft of $2500-$30000
• Forgery
• Credit card abuse

So even lower-level felony offenses could land a 15 or 16-year-old in adult court through certification. It’s a harsh reality for juveniles who make serious mistakes.

How Does the Juvenile Certification Process Work?

If a juvenile prosecutor wants to try a minor as an adult, they’ll file what’s called a “petition for discretionary transfer” with the juvenile court. This petition asks the court to waive its jurisdiction and transfer the juvenile to adult criminal court.

Before deciding, the juvenile judge must hold a transfer hearing. At this hearing, the judge will consider reports on the juvenile’s background, the alleged offense, and the juvenile’s likelihood of rehabilitation in the juvenile system. The prosecution and defense will present evidence for or against certification.

Ultimately, the judge decides whether to keep the case in juvenile court or transfer it to adult court. The judge must find probable cause that the juvenile committed the alleged offense and that the seriousness of the offense or the juvenile’s background requires transfer for the welfare of the community.

What Are the Consequences of Being Tried as an Adult?

Juveniles who are certified as adults face the same potential punishments as adult offenders. Depending on the seriousness of the offense, this could mean years or even decades in adult prison. The juvenile will await trial in the county jail, possibly with adult inmates.

Beyond the criminal penalties, a conviction follows a juvenile into adulthood, potentially affecting their ability to pursue higher education, find employment, or secure housing. It can feel like a black mark that follows them forever.

That’s why it’s absolutely critical for juveniles facing certification to have an aggressive, experienced defense attorney fighting to keep their case in the juvenile system if at all possible. In the juvenile system, there’s a much greater focus on counseling, rehabilitation, and giving young people the tools to turn their life around. The adult system is a much harder road.

Protecting Your Child’s Future

No parent wants to see their child thrown into the adult criminal justice system and deprived of a chance to grow and mature into a responsible adult. But for juveniles accused of serious crimes, that bleak future is a real possibility under Texas certification laws.

If your child has been arrested or charged with a felony offense don’t wait to seek experienced legal guidance. The criminal defense team at Whalen Law Office has helped many families navigate the certification process and fight to keep juveniles in the juvenile system.

We understand how overwhelming and stressful this situation is for your family. Let us put our experience and dedication to work to protect your child’s rights and future. Call today for a consultation to discuss your child’s case and how we can help.