Cases Alleging Serious Juvenile Crime

Violent Juvenile Felony

The law requires that, in certain circumstances, juveniles 14 and older who are accused of serious crimes be prosecuted in the Circuit Court just as they would be if they were adults. If convicted, they may be sentenced to the same penalties an adult would face.

Automatic Transfer

The crimes that require an automatic transfer to adult court are:

(1) murder (Sections 18.2-31, 18.1-32, 18.2-40)

(2) aggravated malicious wounding (18.2-51.2).

In such cases, the Commonwealth Attorney does not have any discretion. He or she must prosecute the juvenile as an adult.

Discretionary Transfer

In cases involving certain other serious crimes, the Commonwealth Attorney has the right to try the child as an adult if he or she decides it is appropriate. The crimes where transfer is discretionary are: (1) murder (18.2-33), (2) felonious injury by mob (18.2-41), (3) abduction 18.2-48, (4) malicious wounding (18.2-51), (5) malicious wounding of a law-enforcement officer (18.2-51.1), (6) poisoning (18.2-54.1), (7) adulteration of products (18.2-54.1), (8) robbery (18.2-58), (9) carjacking (18.2-58.1), (10) rape (18.2-61), (11) forcible sodomy (18.2-67.1), (12) object sexual penetration (18.2-67.2).

Transfer on Motion - All Other Felonies

In the case of all other felony crimes, the Commonwealth Attorney must convince the judge to treat the child as an adult before the case can be transferred to the Circuit Court. The law requires the court to consider a number of factors including the seriousness of the charge, the juvenile's age, the number of charges, and the juvenile's prior record. If the judge refuses to transfer the case, the Commonwealth Attorney can appeal the decision immediately.