WICHITA,
Kan., June 24, 2024 /PRNewswire/ -- In
Kansas, like in many other states,
individuals under the age of 18 are regularly prosecuted in
juvenile court. However, there are always exceptions that may cause
minors to be prosecuted as adults. Because facing criminal
prosecution as an adult can significantly amplify the stakes of
your court case, it's important to understand what circumstances
can cause a minor to be tried as an adult and how this can impact
the outcome of your case. Jonathan W.
McConnell, our founding violent crimes lawyer in
Wichita at the McConnell Law
Firm, has a proven track record of defending clients with violent
criminal charges and is answering the question we've all been
asking. Keep reading to learn more!
Understanding the Kansas Juvenile Justice System
The juvenile justice system in Kansas operates under the principle of
rehabilitation over punishment for minors who commit offenses.
However, there are instances when the severity of the crime or
other factors may lead to a juvenile being tried as an adult. While
prosecutors can file a Motion to Authorize Prosecution as an Adult,
it is still presumed that a juvenile should be tried in juvenile
court unless prosecutors can clearly demonstrate this presumption
has been overcome.
Criteria for Trying a Child as an Adult:
The determination of whether a child should be tried as an adult
is not solely based on age but also the nature and severity of the
offense committed. Serious offenses such as murder, manslaughter,
rape, aggravated assault, and certain drug-related crimes may
warrant consideration for adult prosecution, regardless of the
offender's age. According to Kansas Statute, instances in which a
juvenile is automatically presumed an adult include the
following:
- The juvenile was 14, 15, 16, or 17 years of age at the time of
the alleged offense, and the alleged
offense would constitute an off-grid crime, a person felony, or a
non-drug severity level 1 through 6 felony if committed by an
adult.
- The juvenile was 14, 15, 16, or 17 years of age at the time of
the alleged offense, and the alleged
offense constitutes a drug severity level 1, 2, 3, or 4
felony.
- The juvenile was 14, 15, 16, or 17 years of age at the time of
the alleged offense, and the offense was committed
while in possession of a firearm.
- The juvenile is facing a felony-level charge and has a prior
conviction or adjudication of delinquency for a felony-level
offense.
"In Kansas, there's a statute outlining which offenses can cause
a juvenile to be tried as an adult, most of which are violent
offenses," said Jonathan W.
McConnell, founding violent crimes lawyer at the McConnell
Law Firm. "For a child to be tried as an adult, a prosecutor has to
file a motion for adult prosecution in juvenile court and argue why
the statute applies to the case at hand. The judge will then
determine whether or not to transfer the case to adult court."
Penalties Associated With Adult Prosecution
When a child is tried as an adult in Kansas, they face the same legal procedures,
potential penalties, and long-term consequences as adult offenders.
These consequences may include incarceration in adult correctional
facilities, a permanent criminal record, and limited access to
education and employment opportunities in the future.
"When representing a juvenile as a defense attorney, there are
different rules that apply and different penalties the defendant
may be facing," said McConnell. "More court discretion is given
over sentencing, and while the judge cannot technically give a life
sentence to a juvenile (there must be parole eligibility at some
point), they may provide a ruling that functions as a life
sentence."
Have You Been Accused?
Are you facing adult criminal charges? If you need assistance
navigating the juvenile or adult criminal justice system, we
encourage you to contact the McConnell Law Firm as soon as
possible. While every case is different, and no conclusions should
be drawn without first consulting one of our violent crimes lawyers
in Wichita about the specifics of
your case, it is always in your best interest to have a skilled
attorney by your side from the beginning.
[CTA Box]
Request a Free Consultation
Do you or a loved one need the assistance of a violent crimes
lawyer in Wichita? We encourage
you to contact the McConnell Law Firm at (316) 243-5903 for a free
consultation.
jonathanwmcconnell.com
View original content to download
multimedia:https://www.prnewswire.com/news-releases/under-what-circumstances-can-a-child-be-tried-as-an-adult--violent-crimes-lawyer-wichita-302180523.html
SOURCE McConnell Law Firm