Kim Zolciak and Kroy Biermann‘s teenage son KJ is facing the possibility of a 25-year prison sentence as he faces multiple felony charges related to an alleged sexual assault.
KJ, 15, would face the full sentence without the possibility of parole if convicted, his attorney, Jason Sheffield, said in court documents filed on September 8 and obtained by the Daily Mail.
But Sheffield argues that KJ, who was 14 at the time of the alleged sexual assault, is young enough that he could still be rehabilitated if he avoids a life-altering quarter century in prison.
Earlier this week, KJ’s attorney filed a transfer request with the Fulton County Court to move the case to Georgia’s juvenile justice system.
The charges stem from an alleged encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia, on April 23. KJ, who remains behind bars, has denied all of the charges against him.
The Daily Mail has reached out to KJ’s attorney and representatives for Zolciak and Biermann for comment but has not yet received responses.
Kim Zolciak (center) and Kroy Biermann’s teenage son KJ (R) is facing the possibility of a 25-year prison sentence as he faces multiple felony charges related to an alleged sexual assault, according to documents filed on September 8 and obtained by the Daily Mail
KJ, 15, would face the full sentence without possibility of parole if convicted, his attorney, Jason Sheffield, said. He argued in his motion that KJ can still be rehabilitated if convicted and should have his case transferred to juvenile court rather than being tried as an adult
‘The aggravated charges carry a mandatory minimum sentence of 25 years in prison, up to life,’ Sheffield wrote in his motion, which was first reported by Page Six.
The attorney emphasized that the court ‘cannot probate any portion of the 25 years’ and added that KJ ‘would not be eligible for parole’ at any point in that period, assuming he was convicted.
‘He would have to serve every day of each 25-year sentence, if run consecutively,’ Sheffield reiterated.
KJ’s attorney focused on the length of his client’s sentence while urging the judge to transfer the case to juvenile court, as he claimed that KJ wasn’t fully developed and could still benefit from rehabilitation.
‘At fifteen, KJ’s story is not finished,’ Sheffield continued. ‘That proposition is not sentimental. It is developmental reality, and it is embedded in Georgia’s statutory scheme.’
He added that ‘KJ is not an adult offender who happens to be young. He is an adolescent whose development is ongoing and can demonstrate his ability for understanding, growth and change, and whose future cannot reliably be predicted merely from the labels attached to the allegations against him.’
Sheffield vowed to introduce evidence at a transfer hearing to show that KJ ‘remains amenable to treatment, supervision, structure, education, and rehabilitation within the juvenile justice system.’
KJ’s attorney stated that the ‘juvenile justice system does not mean an absence of accountability,’ and he said the system ‘permits adjudication, supervision, treatment, restriction, placement, education, and rehabilitation in a system designed around the developmental realities that distinguish children from adults.’
KJ’s attorney said he is ‘an adolescent whose development is ongoing and can demonstrate his ability for understanding, growth and change, and whose future cannot reliably be predicted merely from the labels attached to the allegations against him’
By contrast, he wrote that the ‘adult system asks principally what punishment an offense deserves. The transfer statute asks a different question: What should happen to this child?’
Sheffield acknowledged in his motion that the allegations against KJ were ‘unquestionably serious,’ but he said their seriousness should not mark ‘the end of the inquiry.’
In addition to asking for the case to be moved to juvenile court, KJ’s attorney asked the judge to consider ‘the privacy interests of the juveniles involved and the potential harm caused by further public dissemination of their identities, statements, and conduct.’
To do so, Sheffield suggested closing parts of the upcoming transfer hearing, as well as sealing juvenile records and limiting public disclosures involving minors. He emphasized that the measures could not only protect the privacy of KJ and the alleged victim, but also any other minors who might become involved in the case.
He also argued that allowing information to circulate freely could ‘contaminate recollections’ of witnesses.
‘Neither child chose this attention. Yet both must now live beneath it,’ Sheffield added.
KJ will be appearing in court on Friday, September 11, as his bond hearing is set to take place after it was suddenly canceled on Tuesday.
Biermann’s attorney, Jason Sheffield, confirmed to Page Six that the state’s indictment of KJ filed last Thursday has become the ‘controlling action’ in the case.
The attorney for Zolciak and Biermann’s son also asked the judge to close parts of a hearing on his transfer request and to prevent the release of documents that could harm the privacy of KJ, the alleged victim and any other minors involved in the case
As a result, the judge who was set to oversee the preliminary hearing will now be changed, hence the postponement.
Sheffield explained: ‘We will have several court dates coming up, including a motion to transfer the case to juvenile court, a bond hearing, and an arraignment on the current indictment.
‘Unfortunately, we will have to wait for our day in court where we can finally begin to level the playing field.’
The attorney added that the state has made it clear that it intends to try KJ as an adult, which was the matter to be litigated at today’s hearing.
‘We are expecting to enter not guilty pleas to all charges at the plea and arraignment hearing on October 14,’ he said.
‘I’m going to file a motion for the case to be transferred to juvenile court and for him to be tried as a juvenile.’
His attorney Sheffield said: ‘It is difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing.
‘But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.
Sheffield acknowledged in his motion that the allegations against KJ were ‘unquestionably serious,’ but he said their seriousness should not mark ‘the end of the inquiry’
‘Once those charges were selected, the law governing bond left little room for his age or juvenile status to meaningfully change what happened next. In that sense, the severity of the charges does not merely define the accusation – it effectively strips away many of the protections we ordinarily associate with treating a child differently from an adult.’
This comes amid news that KJ will likely endure ‘close, close monitoring’ if he’s granted bond after being taken into custody last month over sexual assault allegations made by a female classmate.
KJ was arrested in Alpharetta, Georgia, last month for the alleged April 23 offense.
According to Fulton County Juvenile Court papers obtained by the Daily Mail, the alleged victim said she was at the gym when she saw KJ, and alleged he suggested they go into a co-ed sauna.
Per the documents, to get to the sauna, they had to walk through a family changing room, which is where the alleged incident happened.
The girl claimed KJ began to touch her and she said no. She then alleged he forced her to perform oral sex on him and allegedly attempted ‘multiple times to have sexual intercourse with her by trying to pull down her pants.’ She alleged that when she ‘finally managed to get away from him… he pulled up his pants and left.’
Zolciak branded the allegations ‘reckless and deeply troubling’ in a statement to the Daily Mail, saying: ‘He categorically denies ever being involved with this woman or engaging in the conduct she has alleged.
‘My son voluntarily took a polygraph examination regarding these allegations and passed,’ she claimed.
This comes amid news that KJ will likely endure ‘close, close monitoring’ if he’s granted bond after being taken into custody last month over sexual assault allegations made by a female classmate
‘Additionally, an examination was conducted, and no DNA belonging to my son was found.’
‘We remain confident that the facts and evidence will establish the truth, and we ask that people allow the proper process to take its course rather than spreading unproven allegations.’
Per documents, an officer was dispatched to North Fulton Hospital on April 24 for a reported sexual assault.
Police said the alleged victim and her father claimed the incident occurred the day prior inside a nearby gym.
The alleged victim was examined at the North Fulton Hospital in Georgia on April 24 and, per the report, no evidence of male DNA was found in her mouth or vagina.
Police opened an investigation and an officer says he began attempting to contact Kroy Sr on May 14.
The officer says he spoke with him on May 18, and Kroy Sr said he would ‘discuss the matter with Kim.’
KJ is being held without bond at the Juvenile Court of Fulton County.
Kroy Biermann and Zolciak have six children together. They split in 2023 after a 12-year marriage
His attorney tried to get the teenager released on bond on Wednesday afternoon.
His lawyers submitted documents arguing that the teenager isn’t a flight risk and that his strong academic and athletic record is proof of his good character.
The attorney said that Biermann Jr is ‘a high school student in good standing who has demonstrated strong academic achievement,’ on top of receiving scholarships for his athletic prowess.
They also point out that Biermann Jr never fled the state despite knowing about the charges against him back in April, and that he also submitted to polygraph testing.
The attorney is also asking to keep the proceedings confidential due to both Biermann Jr and his alleged victim being juveniles, as well as the public interest in the case due to Zolciak’s fame as a reality TV star.
KJ’s attorney Jason Sheffield told the Daily Mail last month: ‘My client is 100 percent innocent and tried to present evidence to the arresting officer, including a passed Polygraph by a notable and respected sex offender Polygrapher.
‘The fact that he’s been arrested and is being held without Bond is a tragedy. He is not only presumed innocent, but is in fact, innocent.
‘I will work tirelessly to demonstrate to the District Attorney’s office the mean-spirited nature of these false allegations and to bring a close to this matter as quickly as possible. I’m asking the Public not to presume the truth of these allegations and to give the families on both sides their space and privacy.’
The couple with their children before their split
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In May, Zolciak, 48, who has been embroiled in a bitter child-custody row and split from Biermann, 40, celebrated KJ’s 15th birthday.
Zolciak shared multiple family photos from over the years, including snaps with KJ’s older sisters, Brielle, 29, and Ariana, 24, along with several photos that highlighted the striking resemblance he had to his younger brothers, Kash, 14, and 12-year-old Kane.
Zolciak and Biermann also welcomed daughter Kaia, 12, who is Kane’s twin.
The former Atlanta Falcons linebacker adopted Brielle and Ariana after tying the knot with his estranged wife in 2011.
The reality TV couple parted ways in 2023 and had a series of breakups and reconciliations before splitting for good.
In March, Biermann asked the court to grant him full custody of their minor children, and he accused his ex of ‘blatant mismanagement of basic parenting responsibilities’ in a court filing.
In June, a judge granted Biermann primary physical custody of their four minor children after he alleged that Zolciak was ‘unstable and unfit.’
Zolciak and Biermann will continue to share joint legal custody of the children.
