| Georgia |
| Lower Age: | None specified |
| Upper Age: | 16 |
| Discretionary Waiver | Code of Georgia, Sec. 15-11-39 |
| Provided a juvenile meets age/offense requirements, the juvenile court may transfer his or her case to adult court for prosecution if it finds, after a proper hearing, that there are reasonable grounds to believe that (1) the juvenile committed the act alleged, (2) the juvenile is not subject to commitment to a mental institution, and (3) the best interests of the juvenile and the community require it. |
| Offense Category | Minimum Age | Offense Detail |
| Any Criminal | 15 | Any conduct designated a crime or public offense. |
| Capital | 13 | Any crime for which the punishment is loss of life or confinement for life in a penal institution. |
| Mandatory Waiver | Code of Georgia, Secs. 15-11-39, 15-11-39.1 |
| The juvenile court "shall transfer" a case to the appropriate adult court if it finds, after a proper hearing, that there are reasonable grounds to believe that a juvenile meeting age requirements committed one of several crimes specified by statute. The court must at least hold a hearing to consider transfer in any case in which an accused juvenile burglar has at least three previous burglary adjudications; however, in such a case, following a transfer, the district attorney must investigate and report to the superior court as to whether the case should be retransferred to juvenile court. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 14 | Murder or voluntary manslaughter while confined to a youth development center. |
| Person | 14 | Aggravated assault or aggravated battery while confined to a youth development center. |
| Property | 15 | Felony burglary committed by a juvenile previously found to have committed burglary on three or more occasions. |
| Direct File | Code of Georgia, Sec. 15-11-5 |
| The juvenile and superior courts have concurrent jurisdiction over cases involving juveniles of any age accused of crimes punishable by death or life imprisonment, except for certain designated crimes placed under the exclusive jurisdiction of the superior court. |
| Offense Category | Minimum Age | Offense Detail |
| Capital | None specified | Any crime punishable by death, life imprisonment without parole, or confinement for life in a penal institution, except those crimes over which the superior court has exclusive jurisdiction. |
| Statutory Exclusion | Code of Georgia, Sec. 15-11-5 |
| The superior court has exclusive jurisdiction over the trial of a juvenile age 13 or older accused of certain enumerated offenses. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 13 | Murder and voluntary manslaughter. |
| Person | 13 | Rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed robbery committed with a firearm. |
| Reverse Waiver | Code of Georgia, Sec. 15-11-5 |
| Before indictment, "for extraordinary cause," the prosecutor may "decline prosecution in superior court" of a case over which the superior court has exclusive jurisdiction, withdraw it and lodge it in the appropriate juvenile court instead. After indictment, "for extraordinary cause," the superior court may transfer a case over which it has exclusive jurisdiction to the juvenile court, unless it involves an offense punishable by life imprisonment or death. |