Blair Defense Criminal Lawyers | April 30, 2025 | Juvenile Crimes

What’s the Difference Between Getting Charged as a Juvenile Versus an Adult in California?

If you or someone you love is facing criminal charges in California, the accused person’s age can make a huge difference. The law treats juveniles and adults differently, especially when it comes to penalties, rehabilitation, and how the case is handled. Learning the key differences between the two systems can help you know what to expect.

Here’s what you need to know about getting charged as a juvenile versus an adult in California.

How California’s Juvenile Justice System Works

California’s juvenile justice system is designed to focus more on rehabilitation than punishment. The idea is that young people still have the ability to change and learn from their mistakes. Because of this, the court system usually tries to offer minors counseling, education, and support instead of harsh penalties.

In California, you are considered a juvenile for most criminal matters if you are under the age of 18. When a minor commits a crime, they usually go through the juvenile court system, not the adult criminal court system. However, there are exceptions that could push a minor’s case into adult court.

The juvenile process usually involves:

  • Arrest or citation by law enforcement
  • Detention or initial hearing
  • Pretrial conference and motion hearings
  • Jurisdictional hearing (trial held without a jury)
  • Disposition (sentencing)

The goal is often to avoid incarceration unless the offense is serious. Instead, the court might order probation, community service, counseling, or placement in a juvenile facility designed for rehabilitation.

When a Minor Can Be Charged as an Adult in California

While California generally keeps juveniles in the juvenile justice system, there are times when a minor can be charged as an adult. Under California Welfare & Institutions Code Section 707, a minor at least 16 years old can be transferred to adult court for serious offenses.

Examples of crimes that could trigger adult charges include:

  • Murder
  • Rape
  • Armed robbery
  • Kidnapping
  • Assault with a firearm

The decision to charge a minor as an adult is not automatic. It usually depends on factors like the nature of the crime, the minor’s past criminal record, and whether rehabilitation seems likely. A judge usually holds a “transfer hearing” to decide if the case should stay in juvenile or adult court.

In some cases, prosecutors can directly file charges against a minor in adult court without a transfer hearing, but this is much less common under current California law.

How Does Age Affect the Severity of the Punishment?

Age plays a significant role in determining how harsh the punishment will be. If you are charged as a juvenile, the goal is usually to get you back on track rather than to lock you up. The court may order therapy, anger management, drug counseling, or other services.

If you are charged as an adult, you could face many years in prison. For example, a 17-year-old convicted of armed robbery in juvenile court might serve time in a juvenile detention center until they turn 21. If charged as an adult for the same crime, that person could face decades in state prison.

In California, the justice system takes a different approach depending on whether the accused is a minor or an adult. Juvenile court focuses on rehabilitation, while adult court focuses more on punishment. Serious offenses, however, can lead to a minor being tried as an adult.

If you or your child are facing criminal charges, it is important to know your rights and get legal help immediately. An experienced criminal defense lawyer can help you navigate the process and fight for the best possible outcome.

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:

Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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