KJ Biermann Could Face 25 Years Without Parole if Convicted as Defence Seeks Juvenile Court Transfer

Kroy 'KJ' Biermann Jr has pleaded not guilty to seven felony charges in Fulton County, Georgia, while his defence seeks to move the 15-year-old's case from adult court to the juvenile system.

The defence says a conviction on the most serious charges could carry a mandatory minimum 25-year prison term that would not be eligible for parole.

Attorney Jason Sheffield filed documents on Biermann's behalf in Fulton County Superior Court on Monday, 5 October, stating that his client had pleaded not guilty to all seven charges and had waived a formal arraignment scheduled for 14 October.

Biermann is the son of Real Housewives of Atlanta star Kim Zolciak and former NFL player Kroy Biermann.

The filing asks the judge to hear the transfer request before setting pretrial or trial dates in Superior Court. It also requests 10 days after the defence receives discovery materials to submit further motions.

The judge approved the sealing of materials contained in three separate filings, although their contents were not publicly disclosed.

KJ Biermann's Juvenile Court Bid

The latest filing follows an earlier defence motion arguing that Biermann should be dealt with as a juvenile because he was 14 when the alleged incident occurred. Sheffield has argued that the teenager could be rehabilitated through treatment, education and supervision within the juvenile justice system.

The distinction is central to the case. Sheffield's earlier filing states that convictions on the aggravated charges could carry a mandatory minimum 25-year prison term and a sentence extending to life. It also argues that the sentencing court could not suspend any part of the mandatory 25-year term and that Biermann would not be eligible for parole if convicted as an adult.

'At fifteen, KJ's story is not finished,' Sheffield wrote in the earlier filing. He argued that the teenager's future should not be determined solely by the allegations against him.

Biermann has denied the allegations through his attorney, Sheffield. Sheffield has previously said he believes his client is '100 per cent innocent' and that Biermann tried to provide evidence to investigators, including a voluntary polygraph examination that Sheffield said Biermann passed.

The allegations have not been proved in court, and Biermann has pleaded not guilty.

What The Seven Charges Allege

The case stems from an alleged 23 April encounter involving a female classmate at a Life Time Fitness facility in Alpharetta. According to the criminal complaint, the alleged victim said Biermann restricted her movement in a changing area and forced sexual contact despite her repeated refusals.

The indictment charges him with aggravated child molestation, aggravated sexual battery, aggravated sodomy, false imprisonment and three counts of sexual battery against a child under 16. He has pleaded not guilty to every count.

According to the criminal complaint, the alleged victim underwent a sexual-assault examination at a hospital the following day. Investigators also reviewed security footage from the gym as part of their investigation, according to the case records.

Sheffield and Zolciak have cited reports that forensic testing did not identify male DNA in the samples described in the case documents while disputing the allegations. The significance of the evidence remains a matter for the court proceedings.

During a September bond hearing, prosecutors alleged that investigators had found footage on a mobile phone that they said involved a family member younger than 12. Prosecutors also sought forensic interviews with other children.

Sheffield also disputed prosecutors' account of an earlier matter involving Biermann. 'The matter arose from inappropriate, crude behaviour involving two middle-schoolers,' he stated. Sheffield said the matter did not result in an adjudication for statutory rape, sexual intercourse or a comparable offence.

The allegations raised during the bond hearing have not been adjudicated in the present case. Biermann has not been convicted.

Strict Conditions Following KJ Biermann's Release

Biermann was arrested on 17 August and held at Atlanta's Metro Regional Youth Detention Center before being released on a $200,000 bond. Fulton County Superior Court Judge Melynee Leftridge imposed extensive restrictions.

Under the bond conditions, he must live at Zolciak's Alpharetta home, attend school virtually and submit to electronic monitoring. He is also prohibited from using a mobile phone or social media.

He is barred from contacting the alleged victim, her family or associates. The order also prohibits Biermann from having contact with anyone aged 16 or younger, a condition that affects contact with his younger siblings.

The order also restricts when he may leave the home, subject to exceptions set out by the court.

Zolciak has publicly supported her son and described the allegations as 'reckless and deeply troubling.' She has also said Biermann 'categorically denies' the claims.

For now, the next major question is not when a trial will begin. It is whether the case will remain in adult court at all.