Age | Affirmative Defenses in Criminal Cases in Texas

Can a child be prosecuted as an adult in Texas? Under Texas Penal Code § 8.07, a person under age 15 generally cannot be prosecuted for criminal offenses except in limited circumstances. For those ages 15 and 16, prosecution as an adult requires the juvenile court to waive jurisdiction and certify the case to criminal court through a formal transfer hearing.

If your child is facing criminal charges in Texas, the stakes could not be higher. A decision by the juvenile court to transfer your child’s case to the adult system can alter the course of their entire life. Understanding how Texas law treats age and criminal responsibility is the first step toward protecting your child’s future.

Why Families Trust Varghese Summersett With Juvenile Cases

Our juvenile defense team is led by Lisa Herrick, one of only a handful of attorneys in Texas who is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Lisa has dedicated her career to defending young people in the juvenile justice system and has handled hundreds of cases involving certification hearings, serious felony allegations, and detention matters.

The firm brings over 120 years of combined criminal defense experience to every case. Our attorneys include former prosecutors who understand how the State builds cases against juveniles and how to challenge certification attempts. We have secured dismissals, no-bills, and favorable resolutions for juveniles facing charges ranging from shoplifting to capital murder. With four Texas offices in Fort Worth, Dallas, Houston, and Southlake, and a team of more than 70 legal professionals, we have the resources to handle even the most complex juvenile matters.

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What Does Texas Penal Code § 8.07 Say About Age and Criminal Responsibility?

Texas Penal Code § 8.07 establishes age as a defense to criminal prosecution and sets specific thresholds for when a young person can be held criminally accountable. The law creates several key protections based on age.

For children under age 10, Texas law provides absolute protection. A child younger than 10 cannot be prosecuted for any offense, including fine-only misdemeanors and violations of city ordinances. The law presumes these children lack the capacity to form criminal intent.

For children ages 10 to 14, limited prosecution is possible. These children can be prosecuted for fine-only misdemeanors, traffic offenses, and violations of municipal ordinances. However, there is a rebuttable presumption that children in this age range are incapable of committing these offenses. The prosecution must prove by a preponderance of the evidence that the child understood their conduct was wrong at the time of the offense.

For children 14 and older, prosecution becomes available for serious felonies if the juvenile court waives jurisdiction. Under Texas Family Code § 54.02, the juvenile court can transfer jurisdiction over a child age 14 or older who is alleged to have committed a capital felony, aggravated controlled substance felony, or first-degree felony.

When Can a Juvenile Be Tried as an Adult in Texas?

Texas law allows juvenile certification (transfer to adult court) only under specific circumstances. The process requires the State to prove that transfer is appropriate, and the juvenile court must conduct a full investigation and hearing before making this determination.

For a juvenile to be certified as an adult, the State must establish probable cause that the child committed the alleged offense. The court must also find that because of the seriousness of the offense or the child’s background, the welfare of the community requires criminal proceedings. This is not automatic, and defense attorneys can present evidence showing why the juvenile system is more appropriate.

The certification investigation must include a diagnostic study, social evaluation, and investigation of the child’s circumstances and the circumstances of the offense. The court considers factors including the sophistication and maturity of the child, the child’s record and previous history, prospects for rehabilitation, and whether the offense was committed against a person or property.

What Offenses Can Result in Juvenile Certification?

Texas law restricts certification to the most serious offenses. A child age 14 or older can be transferred to adult court for capital felonies (such as capital murder), aggravated controlled substance felonies, and first-degree felonies. This includes offenses like murder, aggravated sexual assault, aggravated robbery, and serious drug trafficking charges.

For capital murder specifically, Texas law allows certification of children as young as 14 under Family Code § 54.02(j)(2)(A). This makes defending against certification in capital cases especially critical, as the consequences of transfer to adult court can be severe and permanent.

Once a juvenile is transferred to adult court, all charges arising from the same criminal transaction must also be transferred. The adult criminal court cannot send the case back to juvenile court after certification occurs.

What Happens After a Juvenile Has Been Certified Once?

Texas law creates lasting consequences for juveniles who have been certified to adult court. Under Family Code §§ 54.02(m) and (n), if a child has previously been transferred to adult court, the juvenile court must waive jurisdiction over any subsequent felony offense. This mandatory waiver applies without the elaborate investigation required for first-time certification hearings.

There are limited exceptions to this mandatory transfer rule. If the juvenile was acquitted, not indicted, received a dismissal with prejudice, or had their conviction reversed on final appeal in the previous case, they may still be entitled to a full certification hearing for new charges.

This “once transferred, always transferred” rule makes the initial certification decision extraordinarily important. Families facing a first certification hearing must understand that the outcome will affect not just the current case but potentially any future contact with the criminal justice system.

What Are the Defenses to Juvenile Certification?

Defense attorneys have multiple avenues to fight certification. The most effective strategy depends on the specific facts of the case and the child’s background, but common defenses include challenging the State’s evidence at the probable cause stage. If the prosecution cannot establish probable cause that the child committed the alleged offense, certification cannot proceed.

Presenting evidence of rehabilitation potential is often crucial. This includes testimony from mental health professionals, educational records, family support systems, and expert opinions about juvenile brain development. Courts must consider whether the juvenile justice system’s rehabilitative resources would serve the community’s interests better than adult prosecution.

Challenging the investigation itself can also be effective. If the diagnostic study or social evaluation is incomplete or flawed, defense attorneys can argue the court lacks sufficient information to make the transfer decision. The defense can also present its own experts and witnesses to counter the State’s evidence.

What Is the Juvenile Justice Process in Texas?

Understanding the juvenile process helps families know what to expect and when to take action. After a juvenile is taken into custody, they will go through intake processing where officials determine whether to release the child, refer the case for services, or proceed with formal charges.

If formal proceedings begin, the child will have a detention hearing within two business days if they remain in custody. This hearing determines whether the child should be released or held pending resolution of the case. Defense attorneys can argue for release based on the child’s ties to the community, school attendance, family support, and risk factors.

The next stage is the adjudication hearing, which is the juvenile equivalent of a trial. The State must prove the allegations beyond a reasonable doubt. If the allegations are proven, a disposition hearing follows where the court determines appropriate consequences, which can range from probation to commitment to the Texas Juvenile Justice Department.

For cases where certification is sought, the transfer hearing occurs before adjudication. This is why early representation is critical. Families who wait until after a certification decision to hire an attorney may have already lost their best opportunity to keep the case in juvenile court.

What Should You Do If Your Child Is Facing Charges?

Contact an attorney immediately. The decisions made in the first hours and days after an arrest can shape the entire case. Do not allow your child to speak with police or investigators without an attorney present. Even well-meaning statements can be used against your child in certification proceedings.

Gather records and documentation. School records, mental health treatment history, medical records, and evidence of community involvement can all be relevant in certification hearings. The sooner this information is compiled, the better prepared your attorney will be to present a strong defense.

Understand that juvenile proceedings move quickly. Detention hearings happen within days, and certification hearings may be scheduled within weeks. Families who delay hiring counsel often find themselves unprepared for these critical hearings.

What to Expect From Varghese Summersett

When you hire our firm to defend your child, you get a team that treats juvenile cases with the same seriousness as adult felony matters. We begin with a thorough review of all evidence, including police reports, witness statements, and any diagnostic studies or evaluations. We identify weaknesses in the State’s case and develop a strategic defense plan tailored to your child’s situation.

Our attorneys are available 24/7 because we understand that juvenile arrests and emergencies do not follow business hours. We provide clear communication throughout the process and ensure families understand each stage of the proceedings. We fight aggressively to keep cases in juvenile court when certification is threatened, and we pursue every avenue for dismissal, reduction, or alternative disposition.

We also understand the broader impact of juvenile proceedings on a child’s future. We work to protect educational opportunities, military eligibility, and career prospects by seeking outcomes that minimize lasting consequences.

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Frequently Asked Questions About Age and Criminal Responsibility in Texas

At what age can a child be prosecuted in Texas?

Generally, children under 10 cannot be prosecuted for any offense. Children ages 10 to 14 can only be prosecuted for fine-only misdemeanors, and the State must prove they understood their conduct was wrong. Children 15 and older can be prosecuted in juvenile court for any offense, and those 14 and older can be certified to adult court for certain serious felonies.

Can a 14-year-old be tried as an adult in Texas?

Yes, but only for capital felonies, aggravated controlled substance felonies, or first-degree felonies. The juvenile court must conduct a full investigation and hearing before waiving jurisdiction. The State must prove probable cause and demonstrate that the welfare of the community requires adult prosecution.

What is the youngest age a child can be certified as an adult?

Under current Texas law, a child must be at least 14 years old at the time of the alleged offense to be certified to adult court. For most serious felonies, the child must be 15 or older. The exception is capital murder, where certification is available for children 14 and older.

Can a juvenile certification decision be appealed?

Yes. A transfer order can be appealed, but the appeal must be filed promptly. In some cases, challenging certification at the trial court level through motions and evidentiary challenges is more effective than waiting for appeal. An experienced juvenile defense attorney can advise on the best strategy for your child’s case.

Does juvenile certification mean my child will go to adult prison?

Not necessarily, but it significantly increases that risk. Once certified, a juvenile faces adult charges, adult trial procedures, and adult sentencing. If convicted, they could serve time in adult facilities. This is why fighting certification is so important.

Protect Your Child’s Future Today

If your child is facing criminal charges or the possibility of certification to adult court, every day matters. Contact Varghese Summersett today at (817) 203-2220 for a free consultation. Our juvenile defense team is available 24/7 to discuss your case and explain your options. Do not let the State make decisions about your child’s future without experienced legal representation fighting for their rights.