Massachusetts considers a person between the ages of seven and eighteen charged with a criminal offense a juvenile. They are prosecuted in a juvenile court. A person who is eighteen or older is considered an adult. The case of such an individual is handled in a District Court or the Superior Court, depending on the severity of the crime.
However, a juvenile may be sentenced by a judge as an adult. Here is how this can happen:
Youthful offender indictment
A prosecutor may request that a juvenile be indicted as a youthful offender when they commit certain offenses. For this to happen, the offense must be a felony (a crime punishable by imprisonment in state prison if committed by an adult), and the juvenile must have committed the offense between the ages of 14 and 18.
Moreover, at least one of these requirements must be met:
- The juvenile has a prior commitment to the Department of Youth Services
- They committed an offense that involves the infliction or threat of serious bodily harm
- They committed certain firearm offenses
If a juvenile is eligible to be considered a youthful offender, a judge can impose a juvenile sentence, an adult sentence or a combination sentence.
Automatic adult prosecution
Any juvenile aged 14 and older charged with murder in Massachusetts is automatically treated as an adult. This means a hearing for transferring their case to adult court may not be required. They may directly enter the adult criminal court system.
Being treated as an adult when facing a criminal charge can be risky. It’s crucial to defend yourself. Get more information about challenging a youthful offender indictment or a case from being transferred to an adult court. It’s also vital to defend yourself against the offense.
