A. In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to sentencing. Upon a finding of guilty of any charge, the court shall fix the sentence without the intervention of a jury. Nothing in this subsection shall be construed to require a court to review the results of an investigation completed pursuant to § 16.1-273.
1. If a juvenile is convicted of a violent juvenile felony, for that offense and for all ancillary crimes the court may order that (i) the juvenile serve a portion of the sentence as a serious juvenile offender under § 16.1-285.1 and the remainder of such sentence in the same manner as provided for adults; (ii) the juvenile serve the entire sentence in the same manner as provided for adults; or (iii) the portion of the sentence to be served in the same manner as provided for adults be suspended conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case including, but not limited to, commitment under subdivision A 14 of § 16.1-278.8 or § 16.1-285.1.
2. If the juvenile is convicted of any other felony, the court may sentence or commit the juvenile offender in accordance with the criminal laws of this Commonwealth or may in its discretion deal with the juvenile in the manner prescribed in this chapter for the hearing and disposition of cases in the juvenile court, including, but not limited to, commitment under § 16.1-285.1 or may in its discretion impose an adult sentence and suspend the sentence conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case.
3. Notwithstanding any other provision of law, if the juvenile is convicted of any felony, the court may in its discretion depart from any mandatory minimum sentence required by law or suspend any portion of an otherwise applicable sentence.
4. If the juvenile is not convicted of a felony but is convicted of a misdemeanor, the court shall deal with the juvenile in the manner prescribed by law for the disposition of a delinquency case in the juvenile court.
5. If the court, at any time prior to the final order in the case or within 21 days of such order, receives evidence that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the victim prior to or during the commission of the offense for which the juvenile was convicted and that such offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking, the court may set aside the guilty verdict, render the juvenile delinquent, and impose a disposition consistent with § 16.1-278.8.
B. If the circuit court decides to deal with the juvenile in the same manner as a case in the juvenile court and places the juvenile on probation, the juvenile may be supervised by a juvenile probation officer.
C. Whether the court sentences and commits the juvenile as a juvenile under this chapter or under the criminal law, in cases where the juvenile is convicted of a felony in violation of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366, the clerk shall make the report required by § 19.2-390 to the Sex Offender and Crimes Against Minors Registry established pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.
D. In any case in which a juvenile is not sentenced as a juvenile under this chapter, the court shall, in addition to considering any other factor and prior to imposing a sentence, consider (i) the juvenile's exposure to adverse childhood experiences, early childhood trauma, or any child welfare agency and (ii) the differences between juvenile and adult offenders.
E. A juvenile sentenced pursuant to clause (i) of subdivision A 1 shall be eligible to earn sentence credits in the manner prescribed by § 53.1-202.2 for the portion of the sentence served as a serious juvenile offender under § 16.1-285.1.
F. If the court sentences the juvenile as a juvenile under this chapter, the clerk shall provide a copy of the court's final order or judgment to the court service unit in the same locality as the juvenile court to which the case had been transferred.
Code 1950, § 16.1-177; 1956, c. 555; 1977, c. 559; 1994, c. 362; 1996, cc. 755, 914; 2000, c. 793; 2002, c. 511; 2003, c. 584; 2005, c. 590; 2007, c. 460; 2008, c. 517; 2014, cc. 20, 249; 2020, c. 396; 2024, c. 365.
Notes of Decisions
Cited in
46
cases (
2 in the last 5 years), 1984–2024 · leading case:
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
· cites it 131× “In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
· cites it 78× “At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
Saunders v. Commonwealth, 692 S.E.2d 252 (Va. Ct. App. 2010).
· cites it 28× “Although the trial court had the option, pursuant to Code § 16.1-272, to sentence appellant as a juvenile for the crime of shooting into an occupied dwelling, 4 the court *142 decided to treat appellant as an adult and sentenced him to serve two years in the penitentiary.”
Jackson v. Commonwealth, 512 S.E.2d 838 (Va. Ct. App. 1999).
· cites it 50× “Code § 16.1-272 provides in pertinent part: (A) In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to…”
Thomas v. Commonwealth, 419 S.E.2d 606 (Va. 1992).
· cites it 12× “, whether a juvenile who is convicted by a jury of capital murder should be sentenced by the judge in accordance with Code § 16.1-272, part of the juvenile law, or by the jury pursuant to §§ 19.”
Ballard v. Commonwealth, 321 S.E.2d 284 (Va. 1984).
· cites it 14× “2-295, 1 while a juvenile transferred to circuit court and tried by jury has his sentence fixed by the judge, Code § 16.1-272. 2 The question for decision is whether the denial of jury sentencing to juveniles deprives them of equal protection, rendering Code § 16.”
Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).
· cites it 6× “In Bullock, the defendant argued that when the 2004 amendment omitted the “Notwithstanding any other provision of law” clause, the General Assembly implicitly authorized “the courts to apply the sentencing provisions of Code § 16.1-272(A)(1)(iii) to suspend any part, if not all,…”
Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002).
· cites it 4× “Code § 16.1-272(A) (emphasis added). This was precisely the procedure the trial court followed.”
Billips v. Commonwealth, 630 S.E.2d 340 (Va. Ct. App. 2006).
· cites it 8× “After pointing out that, pursuant to Code § 16.1-272, the jury should not have been allowed to recommend a sentence in this case, Billips argued that, in order to avoid the perception that the trial judge may have been influenced by the jury's "harsh" and "severe" sentencing…”
Foster v. Commonwealth, 567 S.E.2d 547 (Va. Ct. App. 2002).
· cites it 5× “If Foster was found guilty, the trial judge would then consider the merits of an accommodation defense at the sentencing phase pursuant to Code § 16.1-272(A). At trial, Mitchell testified that Foster had handed him the drugs and that he gave Foster the money.”
Peeples v. Commonwealth, 519 S.E.2d 382 (Va. Ct. App. 1999).
· cites it 6× “See Code § 16.1-272. It sentenced him to twenty-five years in the penitentiary for aggravated malicious wounding and three years for use of a firearm.”
— Va. Code Ann. § 16.1-272(A) — 14 cases
Foster v. Commonwealth, 567 S.E.2d 547 (Va. Ct. App. 2002).
“If Foster was found guilty, the trial judge would then consider the merits of an accommodation defense at the sentencing phase pursuant to Code § 16.1-272(A). At trial, Mitchell testified that Foster had handed him the drugs and that he gave Foster the money.”
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence.”
Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002).
“Code § 16.1-272(A) (emphasis added). This was precisely the procedure the trial court followed.”
Billips v. Commonwealth, 630 S.E.2d 340 (Va. Ct. App. 2006).
“After pointing out that, pursuant to Code § 16.1-272, the jury should not have been allowed to recommend a sentence in this case, Billips argued that, in order to avoid the perception that the trial judge may have been influenced by the jury's "harsh" and "severe" sentencing…”
— Va. Code Ann. § 16.1-272(A)(1) — 11 cases
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
Jackson v. Commonwealth, 512 S.E.2d 838 (Va. Ct. App. 1999).
“Code § 16.1-272 provides in pertinent part: (A) In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to…”
— Va. Code Ann. § 16.1-272(A)(1)(i) — 2 cases
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
— Va. Code Ann. § 16.1-272(A)(1)(ii) — 1 case
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
— Va. Code Ann. § 16.1-272(A)(1)(iii) — 6 cases
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).
“In Bullock, the defendant argued that when the 2004 amendment omitted the “Notwithstanding any other provision of law” clause, the General Assembly implicitly authorized “the courts to apply the sentencing provisions of Code § 16.1-272(A)(1)(iii) to suspend any part, if not all,…”
— Va. Code Ann. § 16.1-272(A)(2) — 7 cases
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
“In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence.”
Jackson v. Commonwealth, 512 S.E.2d 838 (Va. Ct. App. 1999).
“Code § 16.1-272 provides in pertinent part: (A) In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to…”
Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002).
“Code § 16.1-272(A) (emphasis added). This was precisely the procedure the trial court followed.”
— Va. Code Ann. § 16.1-272(A)(l)(i) — 1 case
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
— Va. Code Ann. § 16.1-272(A)(l)(ii) — 1 case
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
— Va. Code Ann. § 16.1-272(A)(l)(iii) — 1 case
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
“At the sentencing hearing, both parties agreed that the trial court had the discretion to sentence Bullock as a serious juvenile offender under Code § 16.1-272 with respect to the robbery convictions.”
— Va. Code Ann. § 16.1-272(E) — 1 case
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