When a child breaks the law in Georgia, most cases start in the juvenile court system. That system focuses on helping young people learn from mistakes and move forward. But there are important exceptions. For children ages 13 to 17 only, the law says the Superior Court has exclusive jurisdiction over certain very serious offenses. In plain language, that means the case can only be heard in Superior Court, the same court where adults face criminal charges. A child in this position can be treated much like an adult and may face adult penalties, including prison time.
This is a hard thing for any parent to hear. You might run into terms like “SB440 offenses” or “seven deadlies” and feel lost. The most important thing to know right now is that there are legal paths to try to move the case back to Juvenile Court. And having a defense lawyer who knows both the Superior Court and the Juvenile Court can give your child a real fighting chance.
What Are SB440 Offenses?
The name SB440 comes from Senate Bill 440, a Georgia law passed in 1994. That law gave the Superior Court exclusive jurisdiction over certain crimes when the person accused is between 13 and 17 years old. People sometimes call these crimes the “seven deadlies” because the original law listed seven offenses. Over time, that list grew to nine qualifying offenses. The old nickname stuck, but the law now covers nine types of charges that can send a child into adult court from the very beginning.
If a child aged 13 to 17 is charged with any of the following, the case must begin in Superior Court:
- Murder or murder in the 2nd degree
- Voluntary manslaughter
- Rape
- Aggravated sodomy
- Aggravated child molestation
- Aggravated sexual battery
- Armed robbery if committed with a firearm
- Aggravated assault if committed with a firearm upon a public safety officer
- Aggravated battery upon a public safety officer
These are called SB440 offenses. When someone says a juvenile is charged as an adult for one of these crimes, the SB440 law is usually the reason.
What Does Exclusive Jurisdiction Mean?
“Exclusive jurisdiction” simply means that only one court has the power to handle the case at the start. For these nine charges, the Superior Court gets the case first. The Juvenile Court does not have the power to step in right away. Instead, the child goes through the same process an adult would, including an arrest, a bond hearing, and possibly an indictment by a grand jury.
This does not mean the case has to stay in Superior Court forever. The law gives three chances to move the case into Juvenile Court, and a good defense lawyer can work toward that goal at each step.
Three Ways an SB440 Case Can Move to Juvenile Court
Many parents feel scared and powerless when they learn their child has been charged under SB440. But there is hope. Georgia law offers three specific paths to move the case out of Superior Court and into the juvenile system. These are the only paths, so it is key to have a lawyer who understands each one well.
1. The District Attorney Decides to Transfer the Case
The first chance comes before any indictment. The District Attorney can look at the case and decide to send it to the county’s Juvenile Court instead of moving forward in Superior Court. Georgia law (O.C.G.A. § 15-11-560) says the DA may decline to prosecute in Superior Court “after investigation and for cause.” This gives the DA room to use judgment. A defense lawyer who knows both court systems can talk with the DA’s office and give strong reasons for a transfer. This is often called a pre-indictment transfer, and it is the earliest, and sometimes best, chance to get the case into a court that focuses on helping children rather than punishing them.
2. The 180-Day Rule
The second path is automatic if the DA does not act fast enough. Under O.C.G.A. § 15-11-561, if the DA’s office does not indict the case within 180 days of the child being detained by order of the Superior Court, the case must move to Juvenile Court. The clock starts the day the child is detained. This deadline puts pressure on the prosecution. A watchful defense team keeps track of the timeline and holds the state to this rule. If 180 days pass without an indictment, the transfer happens by law.
3. The Post-Indictment Hearing
Even if the DA indicts the case, there is still a third chance. After indictment, the Superior Court can hold a hearing to decide whether the case should go to Juvenile Court. At this hearing, the judge looks at the evidence and decides if the child belongs in the juvenile system. This option is available for most SB440 charges, but it is not available for murder, rape, or armed robbery. For all other offenses on the list, a skilled lawyer can ask for this hearing and argue for a transfer.
Why Juvenile Court Matters
You may wonder why lawyers and families fight so hard to move a case to Juvenile Court. The answer can shape your child’s whole future. Georgia’s juvenile system is built around supervision, treatment, and rehabilitation. The goal is to guide a young person back to the right path. Adult court is very different. A conviction in Superior Court can mean a long prison sentence and a permanent criminal record. That record can block jobs, housing, and education for years to come.
Juvenile Court proceedings are more private, and under Georgia law, records can be sealed under certain conditions, which is rarely possible in adult court. That means a young person who makes a serious mistake may still have a real chance at a clean future. For a young person in this situation, having the case in Juvenile Court can truly change what happens next. That is why fighting for a transfer is so important.
Get Help Right Away
If your child has been arrested for an SB440 offense, you do not have to go through this alone. These cases move fast, and the choices made early on can shape the rest of your child’s life. Our firm has deep experience handling serious juvenile cases in both Superior Court and Juvenile Court across Georgia. We know how to work with District Attorneys, meet key deadlines, and build a strong case for transfer.
To learn more about long-term consequences, read our blog post: will a felony charge stay on your child’s record. For more on how we defend these specific charges, visit our SB440 offenses defense page.
Every moment counts. Contact our office today for a free and private consultation. We will listen to your story, explain your options in simple terms, and start fighting for your child’s future right away. Call us or reach out online to get the help your family needs now.
