Can a Juvenile Be Tried as an Adult in Massachusetts?

Regardless of location or circumstances, juvenile defense should be approached with care, knowledge, and compassion for the young person involved. Numerous laws in Massachusetts help create a potentially more favorable outcome for juveniles in criminal defense situations. That being said, these are complex matters, and there isn’t a single simple answer regarding whether children can be tried as adults in the state.

If your child has been charged with a crime, talking to criminal defense attorneys about your options and how they might be tried is a critical first step to supporting their defense.

Who Is a Juvenile?

Historically, the definition of who qualifies as a juvenile in the Massachusetts criminal justice system has been somewhat fluid. At one point, juveniles were considered those under the age of 17. The law has evolved, however, and as of 2018, anyone charged with a crime who is aged 12 to 18 is considered a juvenile. If you are under age 12 at the time of the offense you cannot be charged with any crime in Massachusetts.

What Is the Difference Between Being Tried as a Juvenile or an Adult?

Adult criminal cases are typically part of the public record, whereas juvenile cases are kept confidential. That confidentiality can help protect the interests of the child being tried.

When cases are tried in juvenile court, sentencing upon any conviction is limited. At maximum, the court can order a sentence of time in the Department of Youth Services until the juvenile turns 18.

Can Juveniles Be Tried or Sentenced as Adults?

Yes, in some cases, juveniles can be tried or sentenced as adults. The age of the person being charged, the type of crime they are charged with, the severity of the crime, and other mitigating factors are considered when determining how someone is tried and what type of consequences may be involved in sentencing them if they are convicted.

For example, in Massachusetts, anyone who is 14 years old or older and is charged with murder is tried as an adult. In these cases, state law does not allow consequences to include life sentences without parole if the individual is a juvenile.

What Is a Youthful Offender?

If someone is deemed to be a Youthful Offender, their case is open to the public, even if they are a juvenile. They can also face penalties that include sentences allowed for adults.

A person may be a Youthful Offender if:

  • They were between the ages of 14 and 18 when they committed an offense
  • The offense would be considered a felony if they were tried as an adult, which means the potential consequences include time in a state prison
  • The individual has previously violated specific firearms laws, committed a crime involving severe bodily harm or the threat of harm, or has previously been committed to the Department of Youth Services; or
  • The offense is one of several specifically enumerated offenses within the statute

Youthful Offender cases are tried in juvenile court after going through a grand jury process. If an individual is convicted, judges have some discretion in sentencing. They can sentence someone to Department of Youth Services commitment for a period of time up to the person’s 21st birthday, for instance, or sentence them as would be allowed under law in adult court for the same offense or what is called a combination sentence. A combination sentence includes commitment to the Department of Youth Services until age 21, plus a probationary period and a suspended adult sentence thereafter.

Raise the Age and Emerging Adults

Several recent legislative and court efforts have targeted young and emerging adults, seeking to provide opportunities for more lenient sentencing. According to their proponents, these efforts aim to help reduce the chance that someone makes a mistake in their late teens that ruins the rest of their adult life.

One of these efforts is the Raise the Age movement. Raise the Age legislation seeks to raise the age at which a person is considered a juvenile for the purpose of particular criminal court matters to 20. Legislators have proposed a rolling timeline to implement this change, recognizing that various systems, including the juvenile courts, would need to prepare to handle the influx of cases this change would create.

The Massachusetts Supreme Judicial Court seems aligned with this type of thinking. In early 2024, it ruled that emerging adults could not be sentenced to life in prison without any parole possibility. The court defined emerging adults as those aged 18, 19, or 20.

Why You Need an Experienced Legal Team Behind You

Massachusetts law does account for age, allowing juveniles to avoid the harsher sentencing and other realities of adult court. However, that doesn’t mean that all juveniles facing criminal charges receive this opportunity, as there are times when you can be tried as an adult. Even if you are not tried as an adult, a juvenile conviction and the penalties that come with it can have a devastating impact on your future. Juvenile convictions can negatively impact current freedom, family dynamics, work and school opportunities, social dynamics, and many other areas of a juvenile’s life.

An experienced criminal defense team steps in to learn more about your situation, provide guidance regarding your options, and build solid strategies for your defense. Your law team works to protect your rights, negotiate on your behalf, gather and analyze the evidence, and craft a compelling argument for your defense.

Whether you’re facing a seemingly minor charge or a felony that might mean you can be tried as an adult, the team of defense attorneys at Contant Law can help. Connect with us by calling 617-221-8221 if you or your child is facing criminal charges.