Arkansas

Lower Age: 10

Upper Age: 17


Discretionary Waiver Ark. Code of 1987, Sec. 9-27-318

The juvenile court may retain jurisdiction or transfer any case in which it has concurrent jurisdiction with the circuit court, after a hearing on its own motion or that of any party. The law specifies various factors that the court must consider in making the determination. A finding that a child should be tried as an adult must be supported by clear and convincing evidence. Any party may appeal from an order granting or denying a transfer from one court to another.


Offense Category Minimum Age Offense Detail

Certain Felonies 14/16 14—Any felony committed by a habitual juvenile offender (3 felony adjudications in the previous 2 years); any felony while armed with a gun; and a number of listed felonies (including first and second degree escape and attempt, solicitation, or conspiracy to escape).

16—Any felony.

Capital 14 Capital murder.

Murder 14 First/second degree murder and attempt, solicitation, or conspiracy to commit murder.

Person 14 Kidnapping, aggravated robbery, rape, first and second degree battery, aggravated assault, and attempt, solicitation, or conspiracy to commit any of these acts; terroristic acts; and soliciting a minor to join a criminal street gang.

Weapon 14 Second-offense possession of a handgun; possession of a handgun by a previously adjudicated or convicted felon; possession of a handgun on school property; unlawful discharge of a firearm from a vehicle; and criminal use of prohibited weapons.


Direct File Ark. Code of 1987, Sec. 9-27-318

The juvenile court and the circuit court have concurrent jurisdiction over a number of listed age/offense categories. If charges are filed against a juvenile in circuit court, additional nonconcurrent charges arising out of the same incident may be filed there as well, but only if, after a hearing in the juvenile division of chancery court, a motion to transfer is granted.


Offense Category Minimum Age Offense Detail

Certain Felonies 14/16 14—Any felony committed by a habitual juvenile offender (3 felony adjudications in the previous 2 years); any felony while armed with a gun; and a number of listed felonies (including first and second degree escape and attempt, solicitation, or conspiracy to escape).

16—Any felony.

Capital 14 Capital murder.

Murder 14 First/second degree murder, and attempt, solicitation, or conspiracy to commit first or second degree murder.

Person 14 Kidnapping, aggravated robbery, rape, first and second degree battery, aggravated assault, and attempt, solicitation, or conspiracy to commit any of these acts; terroristic acts; and soliciting a minor to join a criminal street gang.

Weapon 14 Second-offense possession of a handgun; possession of a handgun by a previously adjudicated or convicted felon; possession of a handgun on school property; unlawful discharge of a firearm from a vehicle; and criminal use of prohibited weapons.


Reverse Waiver Ark. Code of 1987, Sec. 9-27-318

The circuit court may transfer any case in which it has concurrent jurisdiction with the juvenile court, after a hearing on its own motion or that of any party. The law specifies various factors that must be considered in making the determination. A finding that a juvenile should be tried as an adult must be supported by clear and convincing evidence. Any party may appeal an order granting or denying a transfer.