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- How Arizona Law Treats Juvenile Crime Under ARS 13-501
- Which Juvenile Offenses Can Go Directly To Adult Court
- When A Juvenile May Be Tried As An Adult Under ARS 13-501
- Juvenile Court, Transfer Hearings, And Bringing A Case Back From Adult Court
- Penalties And Life Consequences When A Juvenile Is Treated As An Adult
- Defense Strategies When A Juvenile Is Facing Adult Criminal Charges
- FAQs About Arizona Juveniles Tried In Adult Court
- Important Things To Remember About Juvenile Transfer To Adult Court
- How CHM Law Can Help Protect Your Child’s Future
Parents often contact our office after learning that their child may not be kept in juvenile court but instead could be treated as an adult in Arizona. That possibility is overwhelming for many families, mainly because the rules behind these decisions are not always clearly explained at the time of arrest or during early hearings.
This article will help you understand how Arizona law handles serious juvenile crime, especially under ARS 13-501, which outlines when a juvenile may be tried as an adult. We explain which felony offenses trigger adult filing, how age affects charging decisions, when the county attorney has discretion, and when the court can remand a case to the juvenile system in the right circumstances.
By the end, you will know when a juvenile can be tried as an adult, what “automatic” adult filing means, how transfer hearings work, and why a skilled criminal defense team at CHM Law can make a life-changing difference for your family.
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When Can a Juvenile Be Tried as an Adult in Arizona? ARS 13-501 Explained
How Arizona Law Treats Juvenile Crime Under ARS 13-501
Arizona’s juvenile justice system is designed to focus on rehabilitation and structured guidance for minors. Juvenile court often uses counseling, diversion programs, education plans, and probation to help young people learn from mistakes rather than being punished the same way adults are. For many families, this approach offers hope and a path forward.
However, Arizona law also allows the state to remove a juvenile from that rehabilitative setting in specific circumstances. Under ARS 13-501, certain forms of juvenile crime are considered so serious that the county attorney must, or may, file the case in adult court. When that happens, a juvenile offender can face the same consequences as an adult criminal, including lengthy prison sentences.
ARS 13-501 focuses heavily on two factors. The first is age, usually requiring that a juvenile is at least fourteen years of age for discretionary adult filing and fifteen, sixteen, or seventeen for mandatory adult filing. The second is the seriousness of the felony offense under Arizona Revised Statutes. Violent felonies, dangerous crimes, and sexual assault charges carry much higher chances of being treated as an adult.
Not every serious case results in an adult filing. In many situations, the county attorney has discretion, and in others, the defense can petition the court to return the case to juvenile court. The key is understanding which path applies to your child and how quickly a defense attorney can intervene.
Which Juvenile Offenses Can Go Directly To Adult Court
ARS 13-501 identifies several categories of felony offenses that may require prosecutors to file the case in adult court from the beginning. A juvenile who is fifteen, sixteen, or seventeen years old and accused of certain violent or dangerous crimes is automatically subject to adult criminal prosecution and may be tried as adults in the state of Arizona. These include:
- First-degree murder
- Second-degree murder
- Forcible sexual assault
- Armed robbery
- Other violent felony offenses involving serious harm or the use of a deadly weapon
In these cases, the county attorney shall bring a criminal prosecution against a juvenile in adult criminal court. The juvenile court does not initially have jurisdiction because the decision to file is mandated by statute, not discretionary.
There is also a category of offenses where prosecutors may choose to file as adults rather than being required to do so. These include:
- Class 1 felonies
- Class 2 felonies
- Certain class 3 felonies are listed under specific chapters
- Any dangerous felony offense
- Any felony offense committed by a chronic felony offender
A chronic felony offender is a juvenile who has had two prior and separate adjudications for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult. When a juvenile is labeled this way, the prosecutor may file all new felony charges directly in adult court.
These categories show how broadly Arizona law can be applied when the county attorney wants to try a juvenile. Even non-violent felonies can be filed in adult court if the youth is considered a chronic felony offender.
When A Juvenile May Be Tried As An Adult Under ARS 13-501
ARS 13-501 creates several separate paths where a juvenile may be tried as an adult.
One path applies when a juvenile is at least fifteen and is accused of first-degree murder, second-degree murder, forcible sexual assault, armed robbery, or another violent felony. In those situations, the county attorney must file the case in adult court.
Another path applies to juveniles who are at least fourteen years old and accused of serious felony offenses, including class 1 felonies, class 2 felonies, and specific class 3 felonies. These cases allow the prosecutor discretion. If the county attorney believes the juvenile should face adult consequences, the case may be filed in adult court even without a prior record.
A third path covers repeated serious conduct. A juvenile who has committed at least two felony offenses in previous cases may be treated as having a historical prior felony conviction. When that happens, the prosecutor can treat the juvenile as a chronic felony offender. This allows the state to file a new felony charge as if the juvenile had been tried in adult court before.
Each of these paths serves a different purpose. Some crimes are so severe that the law removes all discretion. Others leave room for negotiation or advocacy, especially when the juvenile has little history in the court system.
A defense attorney’s work begins early in these cases because the filing decision shapes everything that comes later. Showing strong mitigating evidence or challenging the allegations before filing can keep a case in juvenile court, where rehabilitation is still possible.
Juvenile Court, Transfer Hearings, And Bringing A Case Back From Adult Court
Even when a case begins in adult court, Arizona law offers a potential path back to juvenile court under ARS 13-504.
A juvenile, through counsel, can file a motion requesting a transfer hearing. The judge must then hold a hearing to determine whether the juvenile should be transferred to the juvenile court system rather than remaining in adult court. This is sometimes called a “reverse transfer.”
At this hearing, the judge reviews:
- Whether the juvenile can be safely supervised
- Whether services available in the juvenile court system could meet the youth’s needs
- The juvenile’s maturity, education, mental health, and family support
- Whether the offense, though serious, still allows a rehabilitative approach
If the court finds that the juvenile is a strong candidate for rehabilitation, the court shall transfer the juvenile to the juvenile court. When this happens, jurisdiction in the juvenile court is restored, and the case is handled entirely through the juvenile court system’s programs and structures.
If the juvenile does not file this motion, or if the court denies it, the criminal prosecution shall continue in adult court.
This is one of the most essential tools available in juvenile cases because even when the prosecutor has chosen adult filing, the judge still has the power to decide that the matter should be sent to juvenile court. Proper presentation by a criminal defense attorney is essential at this stage.
Penalties And Life Consequences When A Juvenile Is Treated As An Adult
When a juvenile is charged as an adult in Arizona, the sentencing consequences shift dramatically. Instead of the Department of Juvenile Corrections, the youth faces the same sentencing ranges as an adult criminal defendant.
Serious violent felony offenses such as murder, aggravated assault, dangerous crimes, and sexual assault can expose a juvenile to decades in prison. Some crimes also fall under Arizona’s hazardous crimes against children statute, which carries mandatory prison terms. Repeat violent felonies can trigger enhanced sentencing laws such as those described in ARS 13-706.
Although Arizona law now provides some parole opportunities for individuals who committed crimes before the age of 18, these remain lengthy sentences that have lifelong consequences. A juvenile convicted in adult court carries an adult criminal record, which affects employment, education, housing, and civil rights long after release.
These penalties illustrate why early intervention is essential. Once a juvenile is tried in adult court, the system’s focus shifts from rehabilitation to punishment. Families often do not realize how quickly the choice of filing in adult court can shape a young person’s entire future.
Sentencing Reference Table
| Felony Level / Type | Example Offense (ARS Reference) | Typical Adult Sentencing Exposure | Notes For Juveniles Tried In Adult Court |
| Class 1 Felony | Second degree murder (ARS 13-1104) | Often 10–25 years, depending on aggravation | May be automatically filed under ARS 13-501 for certain juveniles. |
| Class 2 Dangerous Felony | Armed robbery (ARS 13-1904), aggravated assault (ARS 13-1204) | Approximately 7–21 years for a first conviction | Often listed as qualifying offenses for automatic adult filing. |
| Dangerous Crime Against Children | Sexual assault involving minors (ARS 13-705) | 20 years to life, often without early release | Juveniles face adult mandatory prison ranges if convicted. |
| Repeat Violent Felonies | Serious offenses under ARS 13-706 | Life imprisonment with no release until at least 25 years | Prior adult court cases can qualify as historical priors. |
Defense Strategies When A Juvenile Is Facing Adult Criminal Charges
When a juvenile is accused of a crime that could be filed in adult court, the defense strategy must address both the charges and the forum. Keeping a case in juvenile court can change the outcome as dramatically as winning a dismissal. CHM Law uses several key strategies:
Challenging evidence
Many juvenile cases involve eyewitness mistakes, weak forensic evidence, or inconsistent statements. Showing that the evidence does not prove the juvenile committed the offense can stop an adult filing or help return the case to juvenile court.
Challenging statements and confessions
Juveniles are especially vulnerable during police questioning. If an officer fails to provide proper warnings or uses coercive tactics, statements may be suppressed. Losing those statements can significantly weaken a felony charge.
Presenting evidence of rehabilitation potential
In transfer hearings, it is important to show that the juvenile can thrive in the juvenile court system. Psychological evaluations, school performance, and family support can help the court determine if the juvenile should be transferred to the juvenile court.
Contesting chronic felony offender status
When the prosecutor claims a juvenile is a chronic felony offender, the defense can challenge whether earlier adjudications truly count as a historical prior felony conviction. If not, the case may lose its adult filing basis and return to juvenile court.
Mitigation and negotiation
Even when the evidence is strong, the defense can argue that adult penalties are excessive. Trauma, mental health challenges, or negative peer influence can persuade the prosecutor or judge that treatment, not prison, is more appropriate.
CHM Law’s criminal defense team combines knowledge of ARS 13-501, transfer procedures, and juvenile development to craft a defense focused on protecting a child’s future in the adult court system.
FAQs About Arizona Juveniles Tried In Adult Court
At what age can a juvenile be tried in adult court in Arizona?
Generally, at least fourteen years of age for discretionary filing and fifteen, sixteen, or seventeen for mandatory violent felony categories under ARS 13-501.
Does every serious juvenile crime automatically move to adult court?
No. Only certain violent or dangerous felony offenses require automatic adult filing. Many cases fall in discretionary categories.
What does “chronic felony offender” mean?
It means the juvenile has two prior adjudications that would qualify as historical prior felony convictions if handled in adult court. This status allows prosecutors to file any new felony offense in adult court.
Can my child’s case ever move back to juvenile court?
Yes. ARS 13-504 allows the court to transfer the juvenile back to juvenile court after a hearing if rehabilitation is a realistic option.
Will my child go to adult prison?
If convicted in adult court of a felony, yes, the youth will serve an adult sentence. Some juveniles are housed separately until they reach an appropriate age.
Will this record follow my child for life?
An adult felony conviction carries long-term consequences. It may affect employment, housing, education, and civil rights. Keeping the case in juvenile court avoids these lifelong barriers.
Why is it important to hire a criminal defense attorney early?
Early intervention can influence whether the case is filed in juvenile court or adult court. That decision often determines whether someone gets rehabilitation or decades in prison.
Important Things To Remember About Juvenile Transfer To Adult Court
- ARS 13-501 allows the state to file certain felony offenses in adult court.
- Age and type of offense determine whether filing is mandatory or discretionary.
- Chronic felony offender status can trigger adult filing even for less severe conduct.
- Transfer hearings under ARS 13-504 allow a case to be returned to juvenile court.
- Adult court sentencing exposes a youth to prison, long-term consequences, and an adult criminal record.
- Early legal representation is critical to protecting a juvenile’s future.
- CHM Law can intervene quickly to challenge filings, negotiate outcomes, and present evidence that supports rehabilitation.
How CHM Law Can Help Protect Your Child’s Future
When your child faces a felony charge, and there is a possibility they may be tried in adult court, you need legal help immediately. Filing decisions under ARS 13-501 happen quickly, sometimes within days. The sooner our team becomes involved, the more options we can preserve for your family.
At CHM Law, we understand how much is at stake in a juvenile criminal case. A juvenile case is not simply about whether the child committed the alleged offense. It is about their future education, their mental health, their opportunities, and their entire adult life. Our criminal defense attorneys take the time to examine every factor, from police reports and charging decisions to school records and psychological evaluations.
We also understand how judges and prosecutors make these decisions in Maricopa County and Pinal County. Our team knows how to present evidence of rehabilitation, contest chronic felony offender status, and file motions compelling the court to return the case to juvenile court under ARS 13-504.
If your child has been arrested or the prosecutor is seeking to charge the juvenile as an adult in Arizona, contact CHM Law right away. Call 602-755-6290 to schedule a free and confidential consultation. Our law firm will stand beside your family, protect your child’s rights, and fight to prevent the life-altering consequences of an adult court prosecution.
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