If your child is prosecuted as an adult and you cannot afford their bond, or they are denied bail, they could be housed in an adult jail awaiting proceedings—leaving them at the mercy of hardened adult offenders and dangerous career criminals.
The 2024 Florida Statutes (a) Sentencing is neutral with respect to race, gender, and social and economic status. (b) The primary purpose of sentencing is to punish the offender. (c) The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.
Florida's minimum age of incarceration and prosecution is currently only 7 years old – the youngest age for states that have a minimum age.
Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody.
Although all states have defined maximum ages (usually 16 or 17) for delinquency or status offenses prosecuted under the jurisdiction of the juvenile justice system, most states do not have a minimum age for prosecution SBB, 2021a; SBB, 2021b).
Juveniles May be Charged with a Felony for Fighting In November 2018, a fight broke out at a youth detention facility in Polk County, Florida. As a result, three of the teenagers involved–all of whom were under the age of 18–were charged with felony battery.
For crimes committed on or after October 1, 1995, inmates are required to serve 85% of each sentence imposed.
There is no minimum age for criminal responsibility. Children below age 14 can only face incarceration if they are proven to have enough discernment between right and wrong. Incarceration starting at age 14. Other measures applied for ages 12–13.
The prosecutor's ability to try a juvenile defendant as an adult depends on the type of crime and any prior adjudications of delinquency. Generally, a minor who is at least 14 years old and commits a qualifying crime can be prosecuted in adult court. These offenses may include (but aren't limited to): Arson.