Arizona |
Lower Age: | 8 |
Upper Age: | 17 |
Discretionary Waiver | Arizona 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 Category | Minimum Age | Offense Detail |
Certain Felonies | None specified | Any felony. |
Presumptive Waiver | Ariz. 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While subsequently enacted statutes have largely superseded a provision of an older court rule that created a presumption in favor of transfer under specified conditions (see Direct File and Statutory Exclusion), the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 Category | Minimum Age | Offense Detail |
Certain Felonies | 16 | 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 File | Arizona 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 Category | Minimum Age | Offense Detail |
Certain Felonies | 14 | Class 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 Exclusion | Arizona 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 Category | Minimum Age | Offense Detail |
Certain Felonies | 15 | 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 an excluded offense. |
Murder | 15 | First or second degree murder. |
Person | 15 | Forcible sexual assault, armed robbery, or any other violent felony. |
Reverse Waiver | Arizona 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. |