Can Teens Be Tried as Adults in Maryland?

In Maryland, teens can be tried as adults, but only under specific conditions. These cases follow different procedures than standard adult criminal matters. Learning about the most important facts that underlie trying teens as adults in Maryland, and speaking with a Maryland juvenile defense attorney, may help your teen obtain the legal outcome they need.

When can a teen be tried as an adult in Maryland?

A teen can be tried as an adult in Maryland if they fall within the age and offense categories listed in CJP § 3-8A-03. For example, if a 14-year-old commits a murder in the first degree, they can be tried as an adult.

Maryland law states that certain serious offenses automatically start in adult criminal court when committed by a youth who is at least 14 (for crimes punishable by life imprisonment) or at least 16 (for a list of other violent and firearm offenses). Children under 13 are not subject to adult criminal court and may still fall under juvenile court jurisdiction.

What crimes can a 14-year-old be tried as an adult for in Maryland?

Under Maryland law, teens as young as 14 can be tried as adults for crimes that are punishable by life imprisonment, such as first-degree murder. Certain aggravated sexual crimes may also qualify if the specific statutory penalties include life imprisonment.

Serious sex crimes, such as first-degree rape as defined in Maryland Criminal Law § 3-303, typically involve second degree rape plus one or more of the following elements:

• The sex crime was committed with force.
• The sex crime was committed with the threat of force—a gun, for example.
• The sex crime led to serious injuries being inflicted.
• The sex crime was aided by another person.
• The sex crime occurred after a robbery.

For example, if a 14-year-old uses a knife to threaten another person and this threat is used to commit a violent rape, this 14-year-old can be charged with a first-degree rape. Note that these do not represent the full statutory list of crimes.

What crimes can a 16-year-old be tried as an adult for in Maryland?

A teenager who is 16 years old or older can be tried as an adult if they have been accused of committing the following crimes:

• First-degree murder and attempted first-degree murder
• First-degree rape and an attempt to commit first-degree rape
• Kidnapping
• Abduction
• Voluntary manslaughter
• Second-degree rape and an attempt to commit second-degree rape
• A sexual offense in the third degree, as defined by statute
• Second-degree murder and an attempt to commit second-degree murder
• Carjacking, as well as armed carjacking
• Certain firearm crimes

Maryland also recognizes a variety of different firearm crimes that can trigger automatic adult charges for 16- and 17-year-olds—but only if they fall within the specific statutes listed in Courts & Judicial Proceedings § 3-8A-03(d)(4). A few qualifying firearm offenses include:

• Using a firearm in the commission of a violent or drug-related crime
• Using a machine gun in a crime of violence
• Using a machine gun for an aggressive purpose
• Possessing a short-barreled shotgun, which is a prohibited weapon under Maryland law
• Certain unlawful firearm possession offenses
• Possessing, selling, or transferring a stolen firearm
• Illegally transferring a firearm to someone else
• Possession of a weapon during drug trafficking

These crimes come with serious penalties that can lead to a young person spending many years behind bars.

What options do you have if your teen is being tried as an adult?

If your teen is currently being tried as an adult, there are a number of options that may be available to you. Some of these options are as follows:

• In serious cases, if a youth’s charges start in criminal court, you can request a reverse waiver to request that your teen be placed back into the juvenile system. This is available for certain crimes at certain ages when the statute permits, and the court, after weighing the statutory transfer factors, finds by a preponderance of the evidence that waiver is appropriate. Some charges are ineligible.
• Request that your teen be transferred to a juvenile facility. If they are being tried as an adult, they may be placed in an adult facility, but you can request that they be held in a safer juvenile facility.
• Hire a criminal defense attorney who can help you make use of these two options and create a defense that helps your teen obtain the best possible legal outcome.

If your teen is 16 or 17 and charged with first-degree murder, Maryland law does not allow the case to be transferred back to juvenile court. However, for some younger teens (or for less serious homicide charges, like second-degree murder or manslaughter), a transfer to juvenile court may still be possible, depending on the judge’s findings.

The best course of action is usually for you to work with an attorney who can:

• Go over the facts of their case and draft a defense that contests the allegations against them.
• Gather/present evidence that refutes the charges filed against them.
• Help your teen obtain the legal verdict/sentencing outcome that keeps them out of jail or prison.

A teenager can be tried as an adult in Maryland for many different crimes. But options are always available. These options can keep your teen away from the traumatic conditions often inherent to the adult justice system.

Work with a Maryland criminal defense attorney today

A wide variety of different offenses can lead to your teen being charged as an adult. If your teen is convicted as an adult, they run the risk of spending many years in an extremely unpleasant place. Contact Drew Cochran, Attorney at Law today. Our staff is available 24 hours a day, 7 days a week to answer your questions.

If your teen has been charged with a crime, working with an attorney can help. Use our contact form to speak with a Maryland criminal defense attorney today. We will do our best to help your teen obtain the best possible outcome.