In Cobb County, Georgia, most criminal cases involving minors are handled through the juvenile court system, which focuses on rehabilitation rather than punishment. However, Georgia law allows certain juveniles to be charged and tried as adults when the alleged offense is especially serious or violent. When this happens, a juvenile’s case may be transferred from Juvenile Court to Cobb County Superior Court, where adult criminal penalties apply.
For families in Marietta and throughout Cobb County, the possibility of a child being charged as an adult can be overwhelming. These cases often involve allegations that carry life-altering consequences, including lengthy prison sentences or offenses involving serious injury or loss of life. Understanding when Georgia law permits adult prosecution – and how those decisions are made locally – is critical to protecting a juvenile’s rights and future.
If a minor is accused of a crime that could result in adult charges in Cobb County, early legal guidance is essential. Frye Law Group works to ensure juveniles are treated fairly under the law, their constitutional rights are protected during questioning and investigation, and that families understand every legal option available. As a general rule, juveniles should never speak with law enforcement or make statements without an attorney present.
Which crimes can lead to juveniles being charged as adults in Georgia?
Certain offenses can lead to a juvenile (between the ages of 13 and 16) being tried in Superior Court. Seven of these nine offenses are commonly referred to as the “Seven Deadly Sins” or “SB440” offenses.
The following charges can give Superior Court jurisdiction over juvenile defendants:
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
- Armed robbery, when committed with firearms
- Rape
- Voluntary manslaughter
- Aggravated battery upon law enforcement officers
- Aggravated assault upon law enforcement officers with firearms
Can a district attorney decline prosecution?
Yes, a district attorney can decline prosecution of a juvenile in Superior Court before an indictment. When this occurs, the case can be transferred to juvenile court. The case can also be transferred to juvenile court after an indictment with “extraordinary cause” for certain offenses such as aggravated sexual battery or voluntary manslaughter. These transfers, however, may be appealed by the State of Georgia.
Sometimes, an experienced criminal defense lawyer can negotiate with a district attorney to decline to prosecute and transfer the case to juvenile court. The process of negotiating with district attorneys for SB440 cases is an important matter that should be handled by experienced criminal defense attorneys who have worked with juvenile offenders and “Seven Deadly Sins” charges in the past.
How do I find a lawyer to represent my child?
Finding the right lawyer to represent your child is an important decision that should not be taken lightly as your child’s future hangs in the balance. Asking for recommendations from lawyers you already know and searching online can help narrow down your list of candidates.
The Frye Law Group serves people in and around Marietta, Georgia, facing criminal charges, including juvenile crimes. We provide compassionate and aggressive representation to help our clients receive fair and equitable treatment under the law. If your child is facing juvenile charges, we invite you to call our practice at (770) 919-9525 to schedule a consultation with one of our criminal defense attorneys.
Frequently asked questions on being charged as an adult in Georgia
- At what age can a juvenile be charged as an adult in Georgia?
In Georgia, juveniles between the ages of 13 and 16 can be charged as adults for certain serious offenses. These cases are typically handled in Superior Court rather than juvenile court when the charges fall under specific statutes, including certain violent felonies. - What are the “Seven Deadly Sins” offenses in Georgia?
The “Seven Deadly Sins,” also known as SB440 offenses, are specific serious crimes that automatically give Superior Court jurisdiction over certain juvenile defendants. - Can a juvenile’s case be moved back to juvenile court in Cobb County?
Yes. In some circumstances, a district attorney may decline prosecution in Superior Court before indictment, allowing the case to be transferred to juvenile court. - What penalties can a juvenile face if tried as an adult in Georgia?
If a juvenile is tried and convicted as an adult in Cobb County Superior Court, they may face the same penalties as an adult defendant, including significant prison time and a permanent criminal record. - Should a juvenile speak to police without a lawyer present?
No. Juveniles have constitutional rights, including the right to remain silent and the right to legal representation. - How can a criminal defense attorney help in a juvenile adult-charge case?
An experienced criminal defense attorney can evaluate the charges, advocate for possible transfer to juvenile court when appropriate, negotiate with prosecutors, and work to protect the child’s rights and future throughout the legal process.