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FAQ 10: When can minors be charged as adults?
When can a minor be charged as an adult in Florida?
Updated written answer, September 29, 2026: Prosecutors do not have unlimited discretion to charge every minor as an adult. Florida provides separate routes with different age, offense, and procedural requirements.
Three routes to adult prosecution
- Direct filing, §985.557: For a child age 14 or 15 at the time of the alleged offense, the prosecutor’s discretion is limited to the listed offenses and statutory conditions. For ages 16 or 17, discretion is broader, but a misdemeanor requires the specified prior delinquency history: at least two prior adjudications or withholds, including one felony-level act.
- Judicial waiver, §985.556: A court considers transfer through the statutory waiver process. Involuntary waiver generally concerns children at least 14 and requires the applicable procedures and findings; voluntary waiver is separately addressed.
- Grand-jury indictment, §985.56: A child of any age charged with an offense punishable by death or life imprisonment may be prosecuted as an adult after the required indictment. Constitutional juvenile-sentencing limits remain separate from the route into adult court.
A 13-year-old’s potential adult prosecution is not the ordinary direct-file route under §985.557. The child’s age at the alleged offense, charge, record, transfer method, and possible juvenile or adult sanctions must be reviewed separately.
Read the juvenile-defense explanation and statutory sources.
The original recording below uses broader language about prosecutorial discretion and a 13-year-old example. The written explanation above supplies the necessary legal distinctions; the recording has not been replaced.
If a child faces possible adult prosecution, contact Valiente Law to review the charge, age, record, and available options.