Arizona

Lower Age:8

Upper Age:17


Discretionary WaiverArizona Rev. Statutes Sec. 8-327

At the State's request, the juvenile court must hold a hearing to consider transferring jurisdiction over a child accused of any felony. The court may transfer a case for criminal prosecution in the appropriate adult court if it finds by a preponderance of the evidence that (1) there is probable cause to believe that the child committed the offense alleged and (2) "the public safety would best be served" by a transfer. The law specifies a number of factors that must be considered in making the transfer determination. The court's determination regarding transfer may not be deferred, and must be in writing.


Offense CategoryMinimum AgeOffense Detail

Certain FeloniesNone specifiedAny felony.


Presumptive WaiverAriz. Rules of Procedure--Juv. Ct., Rule 14

While subsequently enacted statutes have largely superseded a provision of an older court rule that created a presumption in favor of transfer under specified conditions (see Direct File and Statutory Exclusion), the provision is still technically applicable in the case of a juvenile of at least 16 years of age who (1) is charged with certain types of class 3 or 4 felonies and (2) has at least four previous delinquency adjudications, at least one for a serious offense, but (3) is not otherwise subject to prosecution as an adult under the direct file or statutory exclusion laws. In such a case, it is presumed that the public safety or public interest would best be served by a transfer. The presumption may be rebutted by evidence that the public will be adequately protected and the juvenile's rehabilitation better served if the case is retained.


Offense CategoryMinimum AgeOffense Detail

Certain Felonies16 Provided the juvenile was previously adjudicated delinquent on 4 separate occasions, at least once for a serious offense, the presumption applies to any case in which the court finds probable cause that the juvenile committed (1) a class 3 felony not involving (a) a violation of any of the Criminal Code chapters qualifying the offense for direct file treatment (see Direct File), (b) use of a deadly weapon or dangerous instrument or (c) the intentional or knowing infliction of serious bodily harm, or (2) a class 4 felony not involving (b) or (c).


Direct FileArizona Rev. Statutes Sec. 13-501(B)

Arizona Rev. Statutes Sec. 8-302

 In a case meeting statutory age/offense criteria, "the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult." Where the ground for a direct file is that the child is alleged to be a "chronic felony offender" (that is, a child with two or more previous felony adjudications), the county attorney must specify this in charging the child, and the child is entitled to demand a hearing on the issue; see Reverse Waiver.



If, after filing a case of this kind in adult criminal court, the county attorney reconsiders and moves for a transfer to juvenile court, the criminal court must grant the motion.


Offense CategoryMinimum AgeOffense Detail

Certain Felonies14Class 1 and 2 felonies; a class 3 felony involving a violation of any part of a number of listed Criminal Code chapters (relating to preparatory offenses, homicide, assault, kidnapping, sexual offenses, trespass and burglary, property damage, arson, robbery, organized crime and fraud); class 3, 4, 5 or 6 felonies involving the intentional or knowing infliction of serious injury or the use of a deadly weapon or dangerous instrument; aggravated driving under the influence; any felony committed by a child with two or more previous felony adjudications; any offense joined to/arising out of the same set of facts as any of the above offenses.


Statutory ExclusionArizona Rev. Statutes Sec. 13-501

In a case meeting statutory age/offense criteria, "the county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult." Where the ground for exclusion is that the child is alleged to be a "chronic felony offender" (that is, a child with two or more previous felony adjudications), the county attorney must specify this in charging the child, and the child is entitled to demand a hearing on the issue; see Reverse Waiver.


Offense CategoryMinimum AgeOffense Detail

Certain Felonies15Aggravated driving under the influence; any felony committed by a child with two or more previous felony adjudications; any offense joined to/arising out of the same set of facts as an excluded offense.

Murder15First or second degree murder.

Person15Forcible sexual assault, armed robbery, or any other violent felony.


Reverse WaiverArizona Rev. Statutes Sec. 13-501(D)

The county attorney may (or, in the case of a child of at least 15, must) bypass the juvenile court and bring a criminal prosecution where a felony is alleged to have been committed by a "chronic felony offender" (that is, a child with two or more previous adjudications for conduct that would have been felonious if committed by an adult). However, in such a case the child is entitled to demand a post-arraignment, pretrial hearing (in adult court) on the question of whether he or she qualifies as a chronic felony offender. If the county attorney fails to establish by a preoponderance of the evidence that the child is a chronic felony offender, the court must transfer the child to juvenile court.


Once an Adult, Always Arizona Rev. Statutes Sec. 13-501

 "A criminal prosecution shall be brought" against a child "in the same manner as an adult" if the child is accused of any criminal offense and has a previous felony conviction.