What age can someone be charged as an adult?
In Georgia, the age at which you could be charged as an adult is 17. However, it’s crucial to understand that O.C.G.A 16-3-1 sets the minimum age for criminal prosecution at 13. This is because, under 13, the requisite criminal intent to commit a delinquent act cannot be formed. Therefore, it’s of utmost importance for a child facing criminal charges or delinquency proceedings, and their parents or guardians, to fully comprehend the juvenile laws in Georgia. This understanding can be a powerful tool in navigating complex and often confusing legal procedures.
Common Georgia Juvenile Law Crimes
Affray Charges in Georgia Juvenile Court:
Affray is a misdemeanor offense in Georgia. It is charged when multiple children intentionally fight in a public place. Affray charges can result in probation, counseling, community service, fines, and time in a Georgia youth detention center. It’s important to be aware of these potential consequences, as they can significantly impact a child’s future. See O.C.G.A 16-11-32.
In Georgia, it’s essential to understand that defending yourself from an attack is not the same as intentionally fighting. If someone is being attacked, they are not seeking to fight but to defend themselves; they did not intend to participate in the affray. An affray, on the other hand, requires an intent to fight on the part of both parties. This distinction is crucial in any situation, as it can have significant legal implications. By understanding this distinction, you can be better prepared to handle such situations. Johnson v State, 135 Ga.App. 361, (1975)
Disrupting a Public School
Disruptive behavior is student behavior that interferes with other students’ educational process. This could include physical altercations, verbal abuse, or actions significantly disrupting the learning environment. A child can only be charged for this after the school has tried to solve the situation.
Possession of Marijuana
Possession of marijuana is classified as a misdemeanor or as a felony in Georgia. It all depends on the amount of marijuana possessed. Per O.C.G.A § 16-13-2, “any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months.” The sentencing only applies in adult cases. Hence, the only relevant portion is the part that classifies possession of less than one ounce of marijuana as a misdemeanor.
In Georgia Juvenile Court misdemeanors cases, a judge may order:
- Probation for a certain amount of time
- Counseling for the child/or the parent
- Community service for a certain amount of time
The evidence presented, and the arguments made by the prosecution proved that the child was guilty without the judge thinking otherwise.
Georgia Juvenile Traffic Laws
Most Georgia juvenile traffic tickets are treated as juvenile traffic offenses. Georgia law requires that juvenile traffic cases be heard separately from other court proceedings.
In the case that the Georgia Juvenile Court finds that a child committed a traffic offense, the court might issue a reprimand or a warning. The court might also order the Department of Driver Services to suspend the child’s license for up to 12 months, and require that the child attend a Defensive Driving course approved by DDS. Parents should always remember that they are never required to plead guilty to any charges. They can still deny the charges and request a hearing, during which they can subpoena witnesses, present evidence to the court, and cross-examine witnesses from the state.
Minor in Possession (MIP) Laws
Georgia law prohibits anyone under the age of 21 from consuming alcohol. You could be charged not only by just consuming alcohol but also by attempting to purchase, purchasing alcohol, or knowingly possessing any alcohol. To be charged and convicted of MIP in Georgia, the officer only needs to testify to the court that the alcohol was apparent on the minor’s breath. The officer does not have to perform a breathalyzer to arrest a minor.
If you are convicted of MIP in Georgia, this does not mean you will automatically get your license suspension. Although, the court does have the power to suspend your license and put you in an alcohol and drug risk reduction program within 120 days of the conviction.
Specifically, Georgia MIP laws are covered by O.C.G.A. § 3-3-23 which states: Except as otherwise authorized by law:
- No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person’s employ to furnish any alcoholic beverage to any person under 21 years of age;
- No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
- No person under 21 years of age shall misrepresent such person’s age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;
- No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
- No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.
Sealing Juvenile Criminal Records in Georgia
To get juvenile records sealed, a person must apply for sealing through the same Georgia Juvenile Court that initially adjudicated the case. The court has to schedule a hearing; during the hearing, the juvenile court judge will ask questions of the person seeking their records to be sealed. To grant a sealing of the documents, the judge must be convinced that two years have elapsed since the final discharge of the person, and since the final discharge, the person has not been convicted of a felony or a misdemeanor, and no proceedings are pending against them, and the person has been rehabilitated.
Can A Child Be Prosecuted As An Adult?
Yes, a child could be prosecuted as an adult in certain circumstances, such as:
- Murder
- Voluntary manslaughter
- Rape
- Aggravated sodomy
- Aggravated child molestation
- Aggravated sexual battery
- Aggravated battery
- Armed robbery
The Process After Being Accused of A Charge
Arraignment: When you arrive at the arraignment, your child is presented with the official petition filed by the state, charging the child with delinquent criminal acts. The court will also advise a child of his or her rights in all juvenile court proceedings. This would include:
- The right to remain silent
- The right to counsel.
- A right to a trial, and in a trial, the burden is on the State, which they must prove beyond a reasonable doubt.
- The right to challenge any evidence presented against the child
- The right to cross-examine witnesses testifying against the child
- The right to enforce witnesses to testify at the trial.
After the court has finished reading the charges, it will ask the child if they admit or deny the charges against them. If the child refuses the charges, the case will proceed to the adjudicatory hearing.
Adjudication Hearing: This hearing is where the judge determines whether a child committed a delinquent act, known as the “adjudicatory hearing.” This determination can occur if your child has accepted a plea offer. If a child does not receive a plea, the prosecution will present evidence to the judge to prove that the child committed the delinquent act alleged in the petition. The prosecution also has to present their evidence beyond a reasonable doubt.
Disposition Hearing and Sentencing Hearing in Juvenile Court: A disposition hearing is fundamentally a sentencing hearing. During the hearing, the judge will hear evidence and rule whether a child needs treatment, rehabilitation, or supervision. This hearing is an opportunity to offer evidence about a child that would have been inadmissible at the adjudication hearing. For example, school grades and extracurricular activities are admissible in this proceeding.
Receiving Assistance
While you are not required to obtain legal assistance to apply for record restriction, the process may be difficult to handle yourself. A skilled attorney can assist you with navigating the record restriction process and ensure that it runs smoothly with minimal pitfalls. In addition, they can further assist you if your conviction is not eligible, your previous request was denied, or there are unique circumstances to your case.
Call Today – Free Case Assessment for all Prospective Criminal Law Cases
Waiting too late to hire an attorney for a criminal cases can be detrimental to preserving your rights and defenses. Call our office today at 470-947-2471 to speak with an attorney.
Criminal Law Cases – Georgia Areas We Serve
Our Georgia criminal law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Suwanee, Sharon Springs, Marietta, Woodstock, Canton, Sandy Springs, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta, and the Virginia Highlands.
Our Georgia criminal law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, and Clayton.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
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