Washington Juvenile Transfer Laws When Can a Minor Be Tried as an Adult

Washington State’s juvenile justice system prioritizes rehabilitation over punishment for young offenders. However, certain serious cases may be transferred to adult court, where consequences are more severe. This guide explains the transfer process, applicable crimes, and legal defenses.

📜 Juvenile Transfer Framework in Washington State

Under RCW 13.40.110, prosecutors can request transferring a minor to adult court based on:

✔ Age of the minor
✔ Severity of the alleged crime
✔ Criminal history
✔ Likelihood of rehabilitation in juvenile court

⚠️ Key Difference: Washington does not have automatic transfers for violent crimes—judges must approve each case.

Which Crimes Can Lead to Adult Court Transfers?

Automatic Decline (No Hearing Required)

For 16- and 17-year-olds, prosecutors can file directly in adult court for:

  • Murder (1st or 2nd degree)
  • Rape (1st degree)
  • Assault with intent to kill
  • Armed robbery with a firearm
2️⃣ Discretionary Decline (Judge Decides in a Hearing)

For other serious crimes (e.g., aggravated assault, burglary), a decline hearing determines if the case moves to adult court. Judges consider:

  • Age & maturity
  • Prior offenses
  • Crime severity
  • Rehabilitation potential

Consequences of Being Tried as an Adult

If transferred, minors face:

  • Longer prison sentences (adult sentencing rules apply)
  • Possible detention in adult jail before trial
  • Permanent criminal record (affects jobs, housing, education)
  • Loss of juvenile protections (sealed records, shorter sentences)

Can a Juvenile Transfer Be Challenged?

✅ Yes! A skilled juvenile defense attorney can argue:
✔ The minor can still benefit from rehabilitation
✔ The crime was an isolated incident
✔ Strong family/community support exists

Even after transfer, attorneys can:

  • Fight charges in adult court
  • Negotiate reduced sentences

Recent Changes in Washington’s Juvenile Laws

Washington has limited adult transfers by:
✔ Expanding diversion programs for first-time offenders
✔ Restricting transfers for non-violent crimes
✔ Focusing more on rehabilitation

⚠️ Exception: Violent crimes (e.g., murder, rape) still qualify for adult prosecution.

What Should Parents Do?

If prosecutors seek an adult transfer:
1️⃣ Hire a juvenile defense attorney immediately
2️⃣ Gather evidence of rehabilitation potential (school records, therapy reports, character references)
3️⃣ Prepare arguments to keep the case in juvenile court

Need Help? Contact the Law Office of Erin Bradley McAleer

We fight to keep juveniles out of adult court and protect their futures.

📞 Call Now: 0360-3346277
🌐 Visit Us: Mcaleerlaw.net

Don’t wait—your child’s future is at stake.