Can Juveniles Be Tried as Adults in Washington State?

Can Juveniles Be Tried as Adults in Washington State? Juveniles can be tried as adults in Washington State under the right circumstances. This determination is based on several factors, including the child’s age, the type of charges, and the juvenile’s criminal history.

If your child is facing criminal charges, you need an experienced Seattle juvenile defense lawyer to protect their rights as viciously as you would protect them.

When a Child May be Charged as an Adult

It is not common for a juvenile to face criminal charges as an adult, but it is possible in certain circumstances. Suppose your child is facing misdemeanor charges or their first nonviolent offense. In that case, it is not likely that you should worry about the case being escalated to criminal adult court instead of juvenile court.

According to the King County Department of Public Defense, a child may face a referral to the adult system in two ways. 

Auto-Decline of Juvenile Cases in Washington State

An auto-decline refers to a situation where Washington law requires the court to decline jurisdiction over the case and refer it to the adult court for prosecution. 

The charges that may cause an auto-decline are generally youth who are 16 or 17 at the time of the offense and are charged with what courts consider a ‘serious violent offense.’ 

Discretionary Decline 

Washington Law does not mandate a discretionary decline, but it may occur when the prosecutor files a motion to transfer the case to adult court. This motion triggers a hearing to determine which court will oversee it. The prosecutor must meet the burden of proof by a preponderance of the evidence that transferring the case is in the child’s or the public’s best interest. 

The Conditions of Charging a Juvenile as an Adult in Washington State

Child advocates have been fighting for reform when it comes to prosecuting juveniles as adults in Washington State. The King County Department of Public Defense reports that recent years have brought some adjustments, including limitations on when a juvenile may undergo a decline. 

The charges that may make a child eligible include:

• Youths 15 and older who are charged with a serious violent offense, including Murder 1 or 2, homicide by abuse, manslaughter 1, assault 1, kidnap 1, rape 1, assault of a child 1, or any attempt to commit these crimes
• A 16 or 17-year-old charged with rape of a child 1
• A 16 or 17-year-old at the time of the offense who is charged with a violent crime, such as robbery, and has a criminal history that includes two or more violent offenses
• A 16- or 17-year-old who is charged with a violent crime and has three or more class A or B felonies, vehicular assault, or manslaughter 2, where they were all committed after age 13 and prosecuted separately
• Youth 14 or younger charged with murder 1 or 2
• A youth charged with custodial assault who is already serving a juvenile sentence until age 21

One of the adjustments to the law surrounding declines is that the courts must have complete discretion. Therefore, in any of these situations, a case may be transferred back to juvenile court if the prosecutor, juvenile, and judge agree that it is the appropriate course of action. 

Factors that May Prevent a Juvenile from Being Tried as an Adult in Washington State

When the prosecutor files a motion to decline, the courts must consider whether prosecuting the juvenile as an adult is appropriate. According to the Juvenile Offender System, when the prosecutor makes their case, the evidence is compared against a set of standards known as the ‘Kent Factors,’ which are:

• The severity of the offense, including whether the decline is required to protect the community
• Whether the evidence supports the offense as willful, premeditated, or aggressive
• Whether the crime was committed against a person or property, and consider any resulting injuries 
• The prosecutorial merit
• The desirability of a trial and verdict of the entire offense in one court if the child has adult associates 
• The sophistication and maturity of the juvenile, with consideration of other social factors 
• The child’s previous criminal record, or lack thereof
• The likelihood of reasonable rehabilitation in juvenile court

These standards require the judge to consider the overall emotional maturity and ability related to their behavior, including how the transition may affect the rehabilitative resources available to them in the juvenile system. However, these standards are guidelines for consideration, and there are no specific criteria to be met for a discretionary decline.

After Washington State Tries a Juvenile as an Adult 

When a juvenile faces a decline that moves their case to adult court, they will face the same penalties as adults with the same charges. If they are convicted, they will not be eligible to have the conviction sealed when they turn 18. Additionally, upon conviction, they are likely to face dramatically longer sentences than they would have as juveniles. 

In many cases, a juvenile convicted as an adult may still be eligible to serve their time in a juvenile detention facility until they are 21, according to the Washington Courts website. The youth will serve a confinement term past the age of 21 in an adult detention center. 

If the juvenile is facing charges in adult court and the charges are dismissed, they will no longer face charges as an adult. However, they may need to return to juvenile court to address any other outstanding charges. 

If Your Child is at Risk of Being Tried as an Adult, Call a Seattle Juvenile Defense Lawyer Today 

It is a scary situation any time a juvenile is arrested and moved through the criminal justice process. They are vulnerable and can easily falter under pressure from prosecutors and law enforcement. If your child is facing charges that may see them charged in adult court, you need a Seattle juvenile defense lawyer to fight for their rights. 

At Puget Law Group, we have a proven track record of achieving significant reductions or dismissals of charges, as well as client testimonials that serve as evidence of our high-quality defense strategies. Don’t leave your child’s future to chance. Contact us today for a complimentary case evaluation to explore your options.