How are Minors Charged in Oklahoma?

A Duncan teen charged with first degree murder has asked the court to charge him as a juvenile rather than an adult. Chancey Luna, 17, was only 16years old when he was accused in the drive-by, random shooting death of Australian baseball player Christopher Lane. Luna and another teen, MichaelJones, then 17, have been charged as adults with first degree murder in Lane's death. Two other people have also been charged in connection with thedrive-by shooting. James Francis Edwards, Jr., was 15 years old when Lane was killed. Initially charged with murder, Edwards agreed to testify againsthis companions and is now charged in juvenile court with being an accessory to murder after the fact. Another man, Oddesse Barnes, 22, is also chargedwith being an accessory after the fact, after he allegedly got rid of the murder weapon.

According to the petition, Luna's attorney argues that life in prison--the adult punishment for first degree murder--would constitute cruel and unusualpunishment for the teen in violation of his constitutional rights.

Luna's petition may cause some people to wonder how courts decide when a minor under the age of 18 is charged as a juvenile and when he or she ischarged as an adult.

In Oklahoma, minor defendants may be charged one of three ways:

• As a juvenile
• As a youthful offender
• As an adult

While the courts have discretion to change the status of defendant as a juvenile, youthful offender, or adult, there are certain crimes which trigger automaticclassification, and the district attorney or defense attorney must petition to re-certify the defendant.

Charged as an Adult

Anyone aged 13 or older charged with first degree murder

Charged as a Youthful Offender

Anyone aged 15, 16, or 17 charged with the following crimes:

• Second degree murder
• First degree manslaughter
• Attempted murder
• Shooting with intent to kill
• Using a vehicle to facilitate the discharge of a weapon
• Kidnapping
• First degree robbery
• Armed robbery
• First degree rape or attempted
• Rape by instrumentation or attempted
• Forcible sodomy
• Lewd molestation
• First degree arson or attempted

Anyone aged 15 or 17 charged with one or more of the following:

• First degree burglary or attempted
• Second degree burglary after two or more prior adjudications for second degree burglary
• Assault on a police officer
• Assault of a state employee while under the custody or supervision of the Office of Juvenile Affairs
• Drug trafficking
• Drug manufacture
• Intimidating a witness
• Assault and battery with a deadly weapon
• Maiming
• Second degree rape
• Use of a firearm in the commission of a felony

Defendants under 18 accused of all other offenses are typically adjudicated in juvenile court.

It is important to note that there are processes and criteria which govern certification as a juvenile, youthful offender, and adult, and it is possibleto deviate from the above charges. A juvenile accused of any felony may be certified as an adult, and even a minor charged with first degree murdercan become certified as a youthful offender or juvenile. If your child is arrested for any crime, it is important to call a criminal defense attorneyas quickly as possible.