Kim Zolciak’s Son KJ Biermann Faces Potential Life Sentence in Georgia Sex Crimes Case
Attorneys for Kroy “KJ” Biermann Jr., the 15-year-old son of reality television personality Kim Zolciak, have revealed the teenager faces a mandatory minimum of 25 years in prison without parole if convicted as an adult on aggravated sexual assault charges. The disclosure came in a September 8 court filing obtained exclusively by Page Six, as the defense pushes to have the case transferred to juvenile court.
Defense Outlines Severe Adult Penalties in Transfer Motion
Jason Sheffield, KJ’s attorney, detailed the staggering sentencing exposure in the Fulton County Superior Court filing. “The aggravated charges carry a mandatory minimum sentence of 25 years in prison, up to life,” Sheffield wrote. He further emphasized that the sentencing court “cannot probate any portion of the 25 years” and that KJ “would not be eligible for parole.”
“He would have to serve every day of each 25-year sentence, if run consecutively,” the attorney added, underscoring the gravity of the potential outcome should the case remain in adult court.
Attorney Argues for Juvenile Court Based on Developmental Science
The filing serves as the foundation for a motion requesting the case be moved to juvenile jurisdiction. Sheffield argued that KJ was only 14 at the time of the alleged incident and deserves an opportunity for rehabilitation rather than adult prosecution.
“At fifteen, KJ’s story is not finished,” Sheffield wrote. “That proposition is not sentimental. It is developmental reality, and it is embedded in Georgia’s statutory scheme.”
The lawyer contended that KJ “is an adolescent whose development is ongoing” and “whose future cannot reliably be predicted merely from the labels attached to the allegations against him.” Sheffield declared that evidence he plans to present at a transfer hearing will show that KJ “remains amenable to treatment, supervision, structure, education, and rehabilitation within the juvenile justice system.”
Drawing a sharp contrast between the two legal frameworks, Sheffield wrote: “The adult system asks principally what punishment an offense deserves. The transfer statute asks a different question: What should happen to this child?”
The attorney acknowledged that the allegations against the teenager are “unquestionably serious,” but argues that “seriousness is not at the end of the inquiry.”
Grand Jury Indictment Details Seven Felony Counts
The motion follows a Georgia grand jury’s indictment of KJ on seven felony counts. The charges include:
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
- Three counts of aggravated sexual battery against a child under 16
- False imprisonment
The charges stem from an alleged encounter on April 23 with a female classmate at a Life Time fitness center in Alpharetta, Georgia. According to court documents previously obtained by Page Six, the girl accused KJ of forcing sexual acts on her inside the gym’s family changing room despite her repeatedly telling him “no.”
Defense Asserts Innocence and Challenges Evidence
In a statement to Page Six, Sheffield maintained his client’s innocence. He claimed KJ is “100% innocent” and that he “tried to present evidence to the arresting officer, including a passed polygraph by a notable and respected sex offender polygrapher,” adding he has “evidence of other prior false allegations by the alleged victim.”
Sheffield further contested the physical evidence: “Additionally, the officer’s report notes [that investigators] found no male DNA on or inside the areas the alleged victim claimed she was assaulted. The fact that he’s been arrested and is being held without bond is a tragedy.”
The attorney concluded: “He is not only presumed innocent, but is, in fact, innocent. 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.”
Court Seeks Privacy Protections Amid Media Scrutiny
The filing also requests extensive privacy protections as the case proceeds, arguing that intense publicity could affect witnesses and “contaminate recollections.”
“Neither child chose this attention. Yet both must now live beneath it,” Sheffield wrote.
He asked the judge to consider sealing certain juvenile records, restricting disclosure of information involving minors, and closing portions of the transfer hearing when necessary.
Current Status and Next Steps
KJ has remained at Atlanta’s Metro Regional Youth Detention Center since his arrest and is being held without bond. His next bond hearing is scheduled for September 11. Sheffield has indicated KJ is expected to plead not guilty to all charges.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 1-800-330-0226.
