When Can a Juvenile Be Tried as an Adult in South Carolina?
If your child is facing criminal charges, and someone mentions adult court, everything changes. You’re not just trying to understand the system, you’re trying to protect your child’s future.
In South Carolina, prosecutors can request that certain juvenile cases be moved to adult court. That decision isn’t automatic. But once it happens, it affects everything: how the case is handled, what penalties are possible, and what rehabilitation options might disappear. For families facing juveniles being charged as adults, the stakes are immediate and life-changing.
This blog breaks down what crimes can juveniles be charged as adults, how the transfer process works, and what parents should know at every step.
What Crimes Can Juveniles Be Charged as Adults?
Not every offense qualifies for transfer. But if the charge is severe enough, and the minor is at least 14, South Carolina law gives prosecutors the option to ask for it.
The charges most likely to result in transfer include murder, attempted murder, armed robbery, criminal sexual conduct, and certain burglary or gun-related felonies. These are the types of cases where prosecutors may believe a juvenile court sentence won’t be sufficient.
Under South Carolina Code § 63‑19‑1210, teens aged 14 and older can be transferred to General Sessions Court if they’re charged with a felony that carries a 15-year or longer sentence. But it’s not automatic. The Family Court has to approve the transfer first.
Age Thresholds That Influence Court Jurisdiction
A minor under 14 cannot be transferred to adult court under South Carolina law. Once a child turns 14, they become eligible for transfer if charged with certain serious felonies.
By the time a teen reaches 17, most charges will go directly to adult court unless a prosecutor makes a specific request to keep the case in juvenile court. This is where having legal counsel with local experience makes a real difference.
The Transfer Process in South Carolina
It begins when the solicitor files a motion asking the Family Court to waive jurisdiction. That motion sets a waiver hearing in motion. At the hearing, the judge listens to arguments from both sides before deciding whether to approve the transfer.
According to the South Carolina Department of Juvenile Justice, only 15 juveniles were transferred to adult court in FY 2023, and 16 in FY 2022. While these numbers are low, the consequences are serious, making it essential for families to act early and strategically.
What Judges Consider Before Approving a Transfer
The judge considers multiple factors when deciding what crimes can juveniles be charged as adults. These include the teen’s age and maturity, past record, how serious the offense was, and whether rehabilitation seems realistic.
If the judge agrees with the solicitor, the case is transferred. If not, it stays in the juvenile system and follows that process.
A Closer Look at a Realistic Scenario
Picture a 15-year-old in Lexington County charged with armed robbery. It’s their first time being arrested. The solicitor asks for a transfer. At the hearing, the defense brings in a psychologist and several school staff members who explain the child’s background and support system.
The judge has to weigh the risk to public safety against the teen’s ability to benefit from juvenile services. In some cases, that’s enough to keep the case in Family Court. In others, the judge may decide that adult court is more appropriate.
How Juvenile Cases Change After Transfer
Once the case is transferred, the process becomes public. The teen attends General Sessions Court, just like any adult defendant. That means bond hearings, full sentencing exposure, and the possibility of prison time.
They also lose protections available in the juvenile system, like age-based sentencing caps or confidentiality. Parents are often surprised by how quickly the tone and stakes of the case shift after a transfer is granted.
Reverse Waivers: Sending a Case Back to Family Court
There is a legal mechanism called a reverse waiver. It allows the adult court to send the case back to Family Court under certain conditions. But it’s rare and requires strong justification, usually based on new information, mitigating factors, or procedural issues during the original waiver process.
Example: A 16-year-old transferred to adult court for a non-violent felony later completes a court-ordered treatment program, and school records show significant improvement. The defense requests a reverse waiver, and the adult court agrees that Family Court is better suited to continue handling the case.
It’s not something to rely on. The better strategy is to act early before a transfer happens at all.
Long-Term Consequences of Adult Convictions
For juveniles being charged as adults, a conviction in adult court can carry consequences that extend far beyond the sentence itself. A felony conviction becomes part of a permanent criminal record. That record can affect future job applications, housing, education, and even the ability to qualify for loans or public programs.
And unlike juvenile records, which are sometimes sealed, adult convictions are much harder to erase, especially when violence is involved.
When Expungement Might Be Possible
In some situations, yes. If the charges are dropped, the teen is acquitted, or the case is resolved through a diversion program, expungement might be possible.
But if the case results in a conviction, particularly for a serious or violent felony, expungement is usually not available. South Carolina law is strict about which offenses qualify.
How Parents Can Support Their Child’s Defense
Parents and guardians aren’t powerless. There are real ways to support a teen through this process:
- Hire a defense attorney with experience in both juvenile and adult court
- Gather school records, counseling notes, or other evidence early
- Show up to every court appearance and remain active in the case
Courts do notice when families are involved. It can influence how the judge sees the teen’s potential and options for rehabilitation.
The Value of Local Legal Insight in South Carolina Courts
Each county in South Carolina has its own patterns and personalities in how waiver hearings are handled. A defense strategy that works in Columbia may not work the same way in Charleston.
That’s why working with a South Carolina criminal defense attorney who understands your local court, how judges typically rule, and what kinds of evidence they respond to can make all the difference.
Taking the Next Step Forward
If your child is facing a charge that could lead to adult court, don’t wait. These cases move fast, and once a transfer is approved, it’s difficult to undo.
At the Law Office of Lori S. Murray, we help families across South Carolina protect their children, fight transfer decisions, and protect what’s still within your control. From waiver hearings to record sealing, we know how serious this is and treat every case with care.
If you’re starting down this process, let’s talk about what comes next and how to give your child the best shot at moving forward.