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When Can Minors Be Charged as Adults in Virginia?

 Posted on August 04, 2025 in Criminal Defense

Winchester VA juvenile criminal defense lawyerFacing criminal charges as a minor can be life-altering. In Virginia, many juvenile offenders have their cases handled within the juvenile justice system, which can provide more rehabilitative type punishment than the adult system.  However, Virginia law does permit a minor to be tried as an adult in certain circumstances. To understand more about how this might impact your case, speak with an experienced Winchester, VA criminal defense lawyer.

How Does Virginia Law Allow Minors to Be Tried as Adults?

Va. Code § 16.1-269.1 outlines the several ways that a juvenile’s case might be transferred from the Juvenile & Domestic Relations (JDR) Court to the Circuit Court, where the minor can be tried as an adult.

Discretionary Transfer

If a competent minor aged 14 or older is accused of committing a felony, the Commonwealth’s Attorney can request that the case be transferred to circuit court. The JDR court will hold a hearing to determine whether the child’s or the crime’s circumstances are such as that the child "is not a proper person to remain within the jurisdiction of the juvenile court." If the Judge finds a preponderance of the evidence that this is the case, he or she will transfer the minor to the adult system.

Automatic Transfer (Statutory Transfer)

Some offenses are automatically transferred to Circuit Court. Under Va. Code § 16.1-269.1(B), if the JDR COurt finds probable cause to believe that a child aged 14 to 17 is charged with murder or aggravated malicious wounding, the case will automatically transfer to Circuit Court for further proceedings.  

Direct Indictment by Grand Jury

In some cases, the Commonwealth’s Attorney can bypass juvenile court and present the case directly to a grand jury. If an indictment is issued, the minor defendant is prosecuted as an adult under Va. Code § 16.1-269.1(C).

What Offenses Typically Result in Adult Charges for Minors?

Virginia law allows minors to face adult charges in cases involving serious and violent felonies, including:

  • First and second-degree murder

  • Manslaughter

  • Rape or other sexual assaults

  • Robbery with a deadly weapon

  • Carjacking

  • Malicious wounding

While these are the offenses that most commonly lead to transfer out of the juvenile justice system, any felony can be considered for discretionary transfer if the minor is at least 14 years old.

Being charged as an adult can result in a permanent criminal record, whereas many juvenile court records are automatically expunged. Adult criminal records are public and usually follow the defendant for life, impacting their education, employment, and housing options.

As of fall 2025, changes to Virginia’s expungement laws are under ongoing review, but adult convictions, including those of minors tried in circuit court, remain more difficult to clear than juvenile records.

Contact a Frederick County, VA Juvenile Defense Lawyer for Felony Charges

The stakes are high for a minor facing felony charges, and the outcome of a case determines how the defendant’s future might play out. If your child is in custody or facing charges that could result in prosecution as an adult, understanding the prosecutor's options and your child’s rights under Virginia law is critical.

If your child has been charged with a violent felony crime, speak with a knowledgeable Winchester, VA juvenile defense attorney at Whitlock Law today. We offer free consultations and will explain your options clearly. Call us at 703-576-5005 so we can help you navigate this challenging period.

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