You might be wondering whether teenagers in Texas can face adult charges, jury trials, and sentences. Yes, they can. The assault laws of Texas consider these to be serious offenses. If a teenager faces charges for similar crimes as an adult in an adult criminal court, the repercussions could be significantly greater than they would be in a juvenile court. In Texas, aggravated sexual assault is defined as a first-degree felony. Penalties vary from five years to life in jail.
But when it comes to extreme penalties, such as the death sentence or life in prison without a chance of release, a youngster in the adult criminal court structure cannot be sentenced to those penalties while they could be applied to an adult. Therefore, if you or your teenage child is accused of sexual assault, you should immediately contact sexual harassment lawyers.
Can A Teenager Be Charged As Adults in Sexual Assault Cases?
You might be wondering now what the difference is between juvenile and adult court proceedings and also why an adult court system handles some violent youth offenses.
First of all, you should be informed that in Texas, minors under the age of 10 are not prosecutable due to the reason that they are too young to have possessed any criminal intent. However, youths between the ages of 10 and 17 can be prosecuted for crimes as well as offenses.
So, the question is, is their case heard in adult or juvenile court?
Firstly, when a 17-year-old teenager in Texas gets charged with a misdemeanor or crime, they are immediately transferred to the adult court system.
Youngsters between the ages of 10 and 16 are considered juveniles, and juvenile court is typically where their case is handled. After being taken to a juvenile detention facility, which may be a local facility or one operated by the Texas Juvenile Justice Department, the outcome is likely to be centered more on rehabilitation than punishment.
What Age Does A Child Be Tried As An Adult?
While there is an exemption for 14-year-olds, in Texas, a kid should normally be between the years of 15 and 16 to be moved to adult court and tried as an adult. When facing a criminal charge, a 14-year-old who has been charged with a serious offense in Texas may also be certified as an adult.
Yes, teenagers can legally be charged and tried as adults. Depending on the severity of the crime and the jurisdiction, minors can have their cases transferred from juvenile to adult court through a process known as a judicial waiver or an automatic transfer/statutory exclusion.
Specific details regarding how this process works include:
- Age Minimums: The minimum age a teen can be tried as an adult varies heavily by location. In some states or regions, it can start as young as 14, while others maintain a strict 16- or 17-year-old threshold.
- Types of Offenses: Most youth charged in adult court commit violent crimes like murder, armed robbery, or aggravated assault. Some locations, however, allow for transfers due to a history of repeat, chronic offending.
Called a judicial waiver, the decision can only be made if there is probable cause that the kid committed the act and it is a violent offense in which rehabilitation may not be sufficient.
