Can a teen with a firearm be charged as an adult? 9 Answers as of November 14, 2010

Will a teen be charged as an adult in a crime involving a firearm but nobody was hurt?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Maybe, depending on the facts.

If the teenager is accused of intentionally shooting the gun, he can be charged with attempted murder or assault with deadly weapon, even if no one was hurt. These are both felonies and strikes under California's Three Strikes Law.

He could also be charged with negligent discharge of a gun, which is also a felony.

A "direct filing" in adult court is usually based on the teenagers prior criminal record (if any) and the specific facts of the new case.

You should contact a local criminal defense attorney as soon as possible.

If you have other questions, please call my office.
Answer Applies to: California
Replied: 11/14/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A teen 16 or 17 can be tried as an adult if certified by the Juvenile Court after a "fitness hearing". Sometime they can be filed upon directly in very serious crimes. (14 and 15 year old juveniles can be tried as well in very serious crimes) Depending on what kind of crime "involving a firearm" you are talking about this may or may not be likely.
Answer Applies to: California
Replied: 11/14/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
es, a teen can be charged as an adult for having a firearm. To make this determination the prosecuting office will generally look at the juvenile's age, criminal history, what was the factual situation, what the child was doing with the gun is very important, etc.
Answer Applies to: California
Replied: 11/12/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
This is dependent of facts that are not presented with your question. Contact me so that I may ask you the right questions to see just how much trouble the teen is in.
Answer Applies to: California
Replied: 11/11/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Probably. Many violent and gun crimes are prosecuted as adult for anyone over 14 or so; sometimes younger. The facts and his rap sheet will determine what the DA does Do an adult crime, suffer adult punishment. If you are helping someone charged, get them an attorney, regardless what court they are in. If serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 11/11/2010
    Law Office of William R Fuhrman
    Law Office of William R Fuhrman | William R Fuhrman
    The case of a person not yet 18 years old that is charged with a crime, including a crime of unlawfully using or possessing a firearm, will first go to the Juvenile Court Brahnch of a California Superior Court. It will remain in that court unless the Office of the District Attorney
    alleges that he or she should be tried as an adult and a Judge agrees after a "707" hearing. That rarely occurs, except in much more serious crimes involving one 16 or older, often who has had previous crimes adjudicated in Juvenile Court without, obviously, the intended effect of causing him or her to become law abiding.
    Answer Applies to: California
    Replied: 11/11/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Need more information. Did it involved the use of a firearm during the commission of a felony, or armed during the commission of a felony, or simple illegal possession.
    Answer Applies to: California
    Replied: 11/11/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If he is over 16 he can be charged as an adult,it is upto the prosecutor. If he is under 16 they have to handle the case in Juvenile Court. In Juvenile Court they appoint the public defender and you don't have to reimburse the county or city for whatever time the PD put into the case. In adult court you would have to repay them.
    Answer Applies to: California
    Replied: 11/10/2010
    The English Law Firm
    The English Law Firm | Robert English
    Maybe. A juvenile can be certified as an adult depending on the specific facts of the crime.
    Answer Applies to: California
    Replied: 11/10/2010
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