In California, children commit crimes as much as adults in the state. However, individuals under the age of eighteen are considered to lack the mental capacity to understand the consequences of their actions. For this reason, crimes committed by minors are handled by the juvenile court system. Unlike adult court, where offenders receive punishment for their criminal acts, juvenile court is geared toward educating, treating, and rehabilitating minor offenders.
The programs offered in the juvenile system help offenders become better citizens. Most juvenile offenders can erase their past mistakes by sealing their records as soon as they turn eighteen. This allows someone to move on with their life without dealing with the consequences of their past mistakes. However, there are situations under which a juvenile conviction can impact future sentencing under the three strikes law.
This happens if a minor commits a serious felony between the ages of sixteen and eighteen. Being sentenced under the three strikes law means a harsher penalty and more serious consequences. If your child faces serious felony charges in Santa Ana, CA, they will benefit from the expert legal guidance we offer at California Criminal Lawyer Group.
An Overview of The Juvenile Strike Law
California's three strikes law is a sentencing structure where repeat offenders face harsher punishment for their crimes. This scheme imposes a sentence of twenty-five years to life imprisonment for individuals charged with serious felony charges. Your past felony convictions could affect the sentencing of your current criminal charges.
Although minors are protected from harsh criminal consequences by the juvenile court, there are circumstances under which a juvenile offense is treated as a strike. A juvenile strike is an offense committed by a person under the age of eighteen under the three-strikes law. Strike offenses can attract serious punishment, including DJJ in juvenile court.
Alternatively, the child could be transferred to adult court for a criminal trial and possible conviction.
Circumstances Under Which a Juvenile Offense Counts as a Strike
A juvenile offense will count as a ‘prior’ for the three strikes law under the following circumstances:
The Minor Was Sixteen Years of Age or Older When They Committed the Crime
A juvenile felony can only be a strike if the minor was at least sixteen years old when they committed the crime. Sometimes, juvenile cases take a while to resolve. This is due to the time taken for the prosecution to gather evidence and present a juvenile petition before the court. Therefore, the sixteen years count at the time when the offense was committed and not when the minor faces a sustained juvenile petition.
If your child was under sixteen years of age at the time of the offense, their crime could not receive sentence enhancement from the juvenile three strikes. However, if the child is over sixteen years old and their offense is severe, the juvenile court can push their transfer to the adult court. Facing adult charges means your child may face incarceration in adult court.
The Offense is a serious Felony
A juvenile crime could attract juvenile strike charges when classified as a serious or violent felony under California Penal Code 667.5 or 1192.7. Offenses under these statutes range from arson to assault with a firearm and murder. Any offense that could count as a strike when committed by an adult will fall under the juvenile three-strikes law.
The Minor is Fit for Trial in Juvenile Court
An offense will be charged and tried as a juvenile strike if the minor is fit for trial in juvenile court. A child between thirteen and seventeen years old is always under the juvenile court's jurisdiction. However, the court may determine that your child is unfit for disposition in juvenile court. The child is transferred to the adult criminal court system in this case.
The child’s fitness for juvenile court is determined by the nature and circumstances of the child’s case. If the juvenile exhibits high criminal sophistication, the juvenile court may not have the necessary resources to offer rehabilitation. Additionally, the judge may consider the success of past rehabilitation attempts.
The Offense is Listed under Welfare and Institutions Code 707
A juvenile crime will be charged as a strike if listed under WIC 707. Offenses under this category include:
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Robbery
Under California Penal Code 211, robbery involves using threats and violence to take away property belonging to another person. The prosecution proves the following elements to show that your child committed this crime:
- The juvenile took property belonging to another person.
- The property was in another person’s immediate presence.
- The minor took the property without the owner’s consent.
- The defendant used fear or force to engage in the criminal act.
Robbery is a felony that counts as an adult or juvenile strike. Your child could face serious penalties for violating this statute.
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Murder
Under California law, murder is one of the most serious crimes. The offense involves the unlawful killing of another person. Your child may be charged with first- or second-degree murder, depending on the circumstances of their case. If the murder was premeditated or committed by lying in wait, the child could have a sustained juvenile petition for first-degree murder.
The murder conviction is a strike that will come up in future sentencing for the defendant. Under certain circumstances, a child facing murder charges will be transferred to adult court. This may be possible if the child was over sixteen years old at the time of the crime.
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Arson
You could be arrested and charged with arson for the unlawful burning of property or forest land. You will be charged with this offense if you maliciously burn another person’s or your property for fraud. Due to the risk of severe property damage or injuries posed by this crime, arson is charged as a serious felony offense.
Juveniles facing arson could face serious charges if their juvenile petition is sustained. Additionally, arson is a strike under the juvenile three-strikes law. Therefore, this offense could impact the child’s potential for subsequent offenses.
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Rape
The three strikes law can also apply if the juvenile offense falls under the following criteria:
- The current crime involves controlled substances like cocaine, heroin, or other drugs that fall under the same schedule.
- The offense is a serious sex crime that requires sex offender registration.
- The juvenile was armed with a firearm or other dangerous weapon when they committed the crime.
- The minor intended to cause serious bodily harm to another person.
- The victim of the crime was another minor under fourteen years old.
Penalties of a Juvenile Strike in California
If your child’s conviction is regarded as a juvenile strike, they could face the following consequences:
Confinement in the Division of Juvenile Facilities
Previously known as CYA, DJJ detention is the harshest penalty a minor can receive in juvenile court. The DJJ is part of the corrections and rehabilitation department and is the closest disposition to adult prison. Your child is placed in a DJJ facility if:
- The child is declared a ward of the court.
- The child commits a strike offense under WIC 707.
- The minor has a sustained juvenile petition for a serious sex crime.
The length of confinement in a DJJ facility after a juvenile strike conviction may be similar to the sentence that an adult facing similar charges would serve in prison. If your child is incarcerated, they will be placed in a locked facility, depending on their age and maturity. The juvenile court will offer your child different treatment and rehabilitation programs during detention.
An Increase in their Adult Sentence
When a juvenile is detained in the DJJ facility, the court will consider them a ‘juvenile striker.’ If the juvenile offender commits another crime as an adult, the court can use the strike to enhance their punishment.
Deferred Entry of Judgment for Juvenile Strike Charges
A deferred entry of judgment will happen when your child pleads guilty to the underlying offense and the juvenile court exonerates them. The court can adjourn your child’s case for up to one year, depending on the agreement between the prosecution and your child’s defense team. When the court sets a sentencing date, the juvenile offender will receive court guidelines on the deferred entry of judgment.
If the minor meets these conditions within the specified time, the court will discharge the case on the set date. A juvenile may not be eligible for a deferred entry of judgment if they challenge the juvenile petition at the jurisdiction hearing. A deferred entry of judgment offers the following benefits for a juvenile delinquent:
- The child receives rehabilitation instead of punishment for their juvenile strike.
- This sentence's conditions are less strict than other dispositions, like formal probation.
- Your child will not have a sustained juvenile petition on their record.
Prosecution of Minors in Adult Court
Children are tried under the juvenile justice system. This is because of their inability to comprehend the nature of their actions. Minors over sixteen could be transferred to adult court. A transfer to adult court means that the child will be charged and convicted as an adult. If your child faces charges for a juvenile strike, they will require expert legal guidance to help them navigate the juvenile case.
The juvenile court will schedule a transfer hearing before a minor is tried as an adult. At this hearing, the court will assess different factors in the case to determine the child’s fitness for trial in adult court. The court will consider the following factors in a fitness hearing:
- Child's Age. One of the critical factors the court will consider when determining if your child is eligible for adult court transfer is age. A child’s age affects their ability to tell right from wrong. Younger children may be unable to cope with a criminal conviction's consequences. The older your child is, the more likely they will be transferred to adult criminal court for a juvenile strike offense.
- Child's criminal history. Their criminal history is considered when determining the jurisdiction where a child fits. This will include the minor’s delinquent history and instances of neglect and abuse. A child’s mental and emotional status may be considered when determining if they can stand trial in adult court.
- Criminal sophistication. A child’s criminal sophistication is their ability to plan the offense and find ways to avoid capture. If your child exhibited high sophistication when committing the underlying crime, the juvenile court might transfer them to adult court.
- Case circumstances. Your child's type of offense is important in a transfer hearing. However, the court may also consider the circumstances under which the crime occurred. If an offender causes serious injury or death to another person, the dispositions in juvenile court may not be suitable for rehabilitation.
- The success of previous attempts at rehabilitation. A child faces juvenile strike charges if they have a prior conviction in juvenile court. The court will assess the success of past rehabilitation attempts to determine the minor’s suitability for the adult trial. If a minor made significant progress with previous rehabilitation, they could be retained in juvenile court.
- Public security. Most juvenile court dispositions last for less than two years. Therefore, if a child faces a juvenile strike charge in juvenile court, they may return to society. If your child is a danger to themselves and others, the juvenile court judge may decide to transfer them to adult court. This means the child may be imprisoned for a long time.
Learning that your child may be charged as an adult can be scary. Facing charges in juvenile court has many benefits that the minor will not enjoy in adult court, including:
- The juvenile court aims at rehabilitation. In juvenile court, offenders are given a second chance to reform and become better members of society. Therefore, the dispositions issued after a sustained petition aim at rehabilitation instead of punishment. If your child has a drug or mental health issue, their treatment is factored into their rehabilitation program.
- Juvenile court process. Even when your child faces charges for a juvenile strike, their court case may move faster than in adult court. Your child will not spend unnecessary time in detention or dealing with the case.
- The minor is shielded from adult offenders. When a juvenile is transferred to adult court, they can be convicted and sent to prison. In prison, they will not be protected from the influence of adult offenders.
- Sealing a juvenile record is easy. When a child turns eighteen and meets the eligibility criteria, they can petition the court to seal their juvenile record. This means that the child will not deal with the consequences of their juvenile offenses as an adult. You cannot seal an adult criminal conviction unless you were arrested but not convicted. Instead, more complicated processes like expungement and Certificate of Rehabilitation will be required.
Defenses for Juvenile Three Strikes Crimes
The stakes are high for minors facing charges under the juvenile three strikes. This is because the juvenile court can impose harsh penalties or transfer the child to adult court. With the guidance of a knowledgeable lawyer, your child can present these defenses:
The Underlying Criminal Act was Accidental
Most criminal offenses require the prosecution to prove the child’s actions were willful. By arguing that they did not intend to commit the crime, the juvenile may be found guilty of a lesser offense that does not mandate the enhancement of the three strikes.
The prosecution tries to challenge this defense when a defendant’s actions deviate from how an ordinary person would act. A minor can still face the consequences of this sentencing if they act with disregard for the safety of others.
Offering an Alibi
Some crimes, like robbery or burglary, require evidence that the defendant was at the crime scene when the offense occurred. Your child’s attorney could help them avoid a conviction by establishing an alibi. The alibi shows that the defendant was in another location when the crime occurred.
Coerced Confessions
Sometimes, law enforcement officers use illegal tactics to obtain a confession from a criminal defendant. In juvenile court, offenders have a right against self-incrimination. Therefore, if the child is coerced to accept liability for the offense, they can avoid a conviction and the consequences of a juvenile three strikes.
Self Defense
Most offenses that fall under the juvenile three strikes are violent felonies. The injury or death caused to another person increases the seriousness of the charges and can attract the three-strike enhancement. A juvenile can argue that they did not intend to harm the alleged victim and that their actions were motivated by self-defense.
False Allegations
Many criminal cases are based on false accusations. This could result from a mistaken identification or a mistake of facts. Additionally, the real perpetrator of the crime may attempt to escape liability by blaming your child. A skilled criminal attorney can investigate the facts of the juvenile case to uncover false allegations.
Frequently Asked Questions on the Juvenile Three Strikes
Learning that your child has been arrested can be a daunting experience for you and your family. The following are frequently asked questions about the juvenile three strikes law:
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Can I expunge a Juvenile strike record?
A conviction for a juvenile strike can seriously affect a child in adulthood. Your child could need help obtaining employment or enrolling in a good school. This is because the conviction will appear on their record. Additionally, obtaining a professional license could be challenging with a strike conviction.
Expunging a strict juvenile record could help avoid the collateral consequences associated with the charge. Your child can petition the court to expunge their juvenile record under WIC 781. In addition to expungement, juvenile offenders can have their records sealed as soon as they meet the eligibility requirements.
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Will I be responsible for my child’s fines?
Parents and legal guardians have many rights in the juvenile court system. These include the right to be notified of their child’s arrest and to be present for court hearings. However, these rights are accompanied by immense responsibilities. If your child is charged under the juvenile three strikes law or transferred to adult court, the judge may impose hefty fines as punishment for their crimes.
In this case, you will be responsible for paying these fines. A competent lawyer can help you understand parental rights and responsibilities in a juvenile case.
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What is the age limit for trial in juvenile court?
The juvenile court is a special court for dealing with minor offenders. The juvenile court system works on the notion that minors are incapable of understanding the nature and consequences of their actions. For this reason, the children are protected by the system. With the new laws under Senate Bill 439, the juvenile court will only have jurisdiction over offenders between the ages of thirteen and seventeen. There is a chance of transfer to adult court for children over sixteen years old.
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Does the court accept plea bargains for juvenile strikes?
Yes. Like in adult court, you can negotiate a plea deal with a prosecutor in juvenile court. A plea bargain allows a juvenile defendant to accept liability for a lesser offense in exchange for dismissing their underlying charges.
The prosecution in juvenile court will accept a plea bargain if their case against your child is not strong and the likelihood of a sustained juvenile petition is low. Entering a plea deal can help a minor avoid the consequences of a juvenile strike charge.
Find a Reliable Defense Lawyer Near Me
Facing criminal charges as a minor can be a traumatizing experience. Dealing with law enforcement officers and the juvenile court system can take a toll on your child. The Juvenile Three Strikes Law uses a minor's past offenses for sentencing and punishment. This could worsen the situation and increase the severity of potential punishment.
Juvenile three-strike charges attract severe legal and collateral consequences. Sometimes, the court could determine that a minor is unfit to face trial in juvenile court. In this case, the child is transferred to an adult criminal court, where they could be convicted and serve a lengthy prison sentence.
You must hire and retain a skilled criminal attorney if your child faces charges under the juvenile three-strikes law. At California Criminal Lawyer Group, we will help protect your child’s rights and explore different options to ensure the best outcome in their case. We serve clients seeking legal expertise to battle juvenile delinquency cases in Santa Ana, CA. Call us today at 714-844-4151 for much-needed legal guidance.