Can a Minor Be Tried as an Adult for Serious Crimes in Georgia?

In Georgia, the criminal justice system treats most minors under the age of 17 as juveniles. However, in specific cases involving serious offenses, the law allows minors to be prosecuted as adults. At Davis, Chapman, & Wilder, we help families understand how Georgia law applies when a juvenile is accused of a felony or a violent crime. The decision to move a minor’s case into adult court carries long-term consequences and is governed by clear legal procedures that an experienced juvenile lawyer in Augusta, GA, can help clients navigate.

Georgia law allows minors to be tried as adults under several circumstances. The legal basis depends on the age of the minor and the nature of the charge. Under the Official Code of Georgia Annotated, certain offenses automatically fall under the jurisdiction of the Superior Court if the child is at least 13 years old and the charge involves a more serious crime such as murder, rape, armed robbery with a firearm, and other violent felonies.

In addition to automatic jurisdiction, the juvenile court may transfer a case to the adult court through a process called judicial waiver. In these cases, the judge reviews whether the juvenile is mature enough to face adult proceedings and whether the severity of the offense justifies the transfer.

Criteria for Transferring a Case

When prosecutors or the court seek to move a juvenile case to adult court, the judge considers several factors. These include the minor’s age, prior delinquency history, the nature of the offense, whether the juvenile system can provide appropriate rehabilitation, and the likelihood that public safety is at risk. Georgia law requires the court to hold a transfer hearing and consider evidence from both sides before making a decision.

You have the right to present arguments and evidence against the transfer. This may include psychological evaluations, school records, or testimony showing that the child has the capacity for rehabilitation. If the judge finds that adult prosecution is not appropriate, the case remains in juvenile court, where the penalties and process differ significantly.

Consequences of Adult Prosecution

If a minor is tried and convicted as an adult in Georgia, they may face the same sentencing options as adults, including long prison terms and permanent criminal records. A conviction in adult court also means the individual may serve time in adult correctional facilities, which are not equipped to handle juvenile inmates in the same way as the Department of Juvenile Justice.

Adult convictions carry collateral consequences such as loss of voting rights, exclusion from certain educational opportunities, and difficulty obtaining employment. For these reasons, defending against the transfer of a case to adult court is often a key part of the legal strategy.

Schedule a consultation with us today at Davis, Chapman, & Wilder in Augusta, GA, to evaluate your rights as you seek to protect your child from an unfair conviction.  

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