Kim Zolciak’s Son KJ Biermann, 15, Fights Adult Prosecution That Could Bring 25 Years in Prison

Kim Zolciak’s 15-year-old son, Kroy “KJ” Biermann Jr., is asking a Georgia judge to move his seven-felony sexual assault case into juvenile court, a decision that could determine whether he remains exposed to an adult prison sentence of at least 25 years if convicted on some of the most serious charges.

Attorneys for Biermann filed the motion Tuesday in Fulton County Superior Court, seeking a transfer to juvenile court and confidential proceedings. The request came days after a grand jury indicted him on aggravated child molestation, aggravated sexual battery, aggravated sodomy, false imprisonment and three counts of sexual battery against a child under 16.

Biermann, the son of the former “Real Housewives of Atlanta” star and former Atlanta Falcons linebacker Kroy Biermann, was 14 when the alleged incident occurred. He remains at Atlanta’s Metro Regional Youth Detention Center and is expected to plead not guilty to all seven charges.

Georgia law places certain serious cases involving defendants ages 13 to 17 directly in superior court. Aggravated sodomy, aggravated child molestation and aggravated sexual battery are among the offenses covered, which is why Biermann’s case began there despite his age.

A judge can still transfer the prosecution to juvenile court after an indictment. Biermann’s attorney, Jason Sheffield, argues that his client’s age, maturity, and prospects for rehabilitation support making that move.

The stakes are significant. Under Georgia law, aggravated sodomy and aggravated sexual battery can carry life imprisonment or a split sentence requiring at least 25 years behind bars followed by probation for life.

In deciding whether to transfer the case, the judge can consider Biermann’s age and maturity, the seriousness of the alleged conduct, the impact on the alleged victim, any prior history, public safety, and whether rehabilitation through the juvenile system is appropriate.

Sheffield has emphasized that Biermann was 14 at the time of the alleged encounter and says that should weigh heavily in how the case is handled.

“Adult consequences do not transform a child into an adult,” Sheffield said after the indictment.

The charges stem from an alleged April 23 encounter with a teenage girl at a Life Time Fitness facility in Alpharetta. Authorities allege Biermann sexually assaulted the girl, who was also 15. Law Commentary is withholding her identity because she is a minor and an alleged victim of sexual assault.

Biermann denies the allegations. Sheffield has pointed to testing that he says found no male DNA after the encounter, as well as a polygraph examination the attorney says Biermann passed. The significance and admissibility of that evidence would be addressed as the case proceeds.

A grand jury indictment allows prosecutors to pursue the charges but does not determine guilt.

Zolciak has publicly defended her son since his arrest. The former Bravo reality star has said he denies the accusations and has cited the same DNA and polygraph claims raised by his attorney.

Biermann’s lawyers are also seeking his release from detention. A bond hearing is scheduled for Sept. 11 after an earlier hearing was canceled following the indictment.

His arraignment is set for Oct. 14, when Sheffield says the defense expects to enter not guilty pleas to all seven counts. The juvenile court transfer request remains pending in Fulton County Superior Court.