When Can a Juvenile Be Tried as an Adult in Court?

South Carolina law allows prosecutors to transfer juvenile offenders to adult criminal court under specific circumstances that depend on the nature of the offense and the minor’s age. Juvenile justice proceedings typically focus on rehabilitation rather than punishment, but serious charges can result in transfer to the adult system, where penalties become substantially more severe.

If your child is facing a charge, The Law Offices of Brad C. Richardson, LLC, provides aggressive defense representation to keep juvenile cases in the family court system whenever possible.

Triggers for a Transfer

Prosecutors consider multiple factors when deciding whether to seek transfer of a juvenile case to adult criminal court. State law establishes specific criteria that trigger transfer proceedings:

• Juveniles aged 14-17 who face particularly serious criminal charges become eligible for transfer to adult court.
• Repeat offenders with prior adjudications may face transfer more readily than first-time juvenile offenders.

Courts weigh these factors alongside the juvenile’s amenability to rehabilitation and the protection of public safety. At The Law Offices of Brad C. Richardson, LLC, we challenge transfer motions by presenting evidence that the family court remains the appropriate venue for your child’s case.

Crimes Where Juveniles Can Be Charged as an Adult in Court

South Carolina law identifies specific offenses that allow or mandate the transfer of juvenile defendants to adult criminal court. Serious violent crimes and certain felonies trigger transfer consideration:

• Murder
• Armed robbery
• Criminal sexual conduct
• Assault and battery of a high and aggravated nature
• Kidnapping
• Voluntary manslaughter
• Distribution of controlled substances

When a case is transferred to adult court, a juvenile faces the possibility of long prison sentences instead of placement in a juvenile facility until age twenty-one. We aggressively challenge transfer motions by showing that your child is better served by the rehabilitation options available within the juvenile justice system.

The Transfer Process

Prosecutors initiate transfer by filing written motions and must prove that moving the case to adult court is in the interests of justice. Transfer proceedings require formal hearings where prosecutors present evidence in favor of trying the case in adult court, and defense attorneys advocate for keeping the matter in family court. Judges then weigh the statutory factors and use their discretion to decide jurisdiction based on the specific facts of the case.

Reverse Waivers

Juveniles initially charged as adults may petition for a reverse waiver to transfer their cases back to family court jurisdiction. Courts consider the defendant’s age, the severity of the offense, the defendant’s criminal history, and the defendant’s potential for rehabilitation when evaluating reverse waiver motions.

How Juvenile Cases Change After Transfer

Adult criminal court proceedings eliminate confidentiality protections that seal juvenile records and shield young offenders from public scrutiny. Convictions in adult court create permanent criminal records, impose adult sentencing guidelines, and result in incarceration in adult correctional facilities.

South Carolina law outlines transfer procedures in Section 63-19-1210 and establishes the framework for determining when juveniles face prosecution as adults. The consequences of adult prosecution remain with your child for life, affecting employment opportunities, educational prospects, and civil rights.

Contact an Experienced Criminal Defense Lawyer

Your child deserves dedicated legal representation that fights to keep juvenile charges in family court, where rehabilitation remains the primary goal. Call The Law Offices of Brad C. Richardson, LLC, at 843-488-4321 to schedule a consultation with a criminal defense attorney in South Carolina.