When a minor (an individual under 18 years) commits an offense, his/her case will proceed through the juvenile court, not the criminal court. Unlike criminal courts, which focus on punishing wrongdoers, juvenile courts usually focus on the rehabilitation and treatment of minors.
Rehabilitation gives the minor another chance to rectify his/her conduct and become a law-abiding citizen. Unfortunately, some juvenile delinquent acts or offenses may affect the seriousness of the sentence the child will receive upon conviction as an adult. That is particularly true if the alleged delinquent act counts as a “strike” under the Three Strikes Law.
If you or your child is under arrest for any violation, retaining the services of a credible criminal defense attorney can help increase the odds of securing a favorable outcome. Our attorneys at CCLG: Los Angeles Criminal Attorney can offer aggressive legal representation to help him/her secure a positive result.
What the Three Strikes Law Means
Penal Code 667 defines the Three Strikes Law and what counts as a strike for sentencing under this statute. According to this statute, a conviction for certain violent or serious offenses should attract harsher sentences if the defendant has a past criminal record for similar or related offenses.
Depending on how many “strikes” or convictions your child has on his/her record, a subsequent conviction for certain serious offenses listed under PC 667 could attract a sentence that doubles the original sentence for the offense or up to life in prison. Additionally, PC 667 will limit the child’s ability to earn custody credits, which can significantly lessen his/her entire sentence.
While the juvenile justice system differs from the criminal justice system, certain violations or delinquent acts could make your child an excellent candidate for trial in the criminal court. Even worse, the offense adjudication (even though it occurred when your child was a minor) could count as a strike under PC 667(d)(3).
Generally speaking, the primary objective of this statute is to incapacitate a repeat offender and protect public safety by deterring future similar unlawful conduct. By imposing longer, more serious sentences when your child has a history of similar or serious offenses, this statute helps protect the public from people the court considers dangerous.
Juvenile Violations That Could Attract Enhanced Penalties Under PC 667(d)(3)
Juvenile “strike offenses” are crimes that an adult criminal court would consider violent or serious felonies under the Penal Code. These crimes are outlined under the WIC (Welfare and Institution Code) 707(b), and they include (but are not limited to) the following:
Attempted Murder or Murder
You commit a murder offense when you intentionally kill another person or fetus with premeditated aforethought. Depending on the facts of the murder case, the prosecutor could file the charge as either first-degree or second-degree murder or sometimes voluntary manslaughter. First-degree murder is a felony punishable by up to twenty-five years to life behind bars.
Unlike first-degree murder, second-degree murder does not require the prosecutor to prove that your actions were premeditated to secure a conviction against you. A second-degree murder conviction carries a jail term of fifteen years to life in jail.
Robbery
The court considers a robbery a serious violent offense. Your child commits this crime when he/she illegally takes someone’s property against his/her will through intimidation, fear, or force. A conviction for a robbery offense under PC 211 could attract up to nine years of jail time, depending on the facts of your child’s unique case.
Kidnapping
Abduction, illegal confinement, or removal of a person from one place to another, regardless of the distance, without his/her consent, could attract kidnapping charges under PC 209. While a simple kidnapping charge conviction is punishable by up to eight years of jail time, a conviction under this statute could attract up to life in jail under certain circumstances, especially if the victim was a child.
Rape
Another serious offense that could make your child face enhanced penalties following a conviction as an adult is rape. Your child commits a rape offense when he/she illegally engages in sexual intercourse with someone without his/her consent using force, fear, violence, or threats.
Rape is a felony offense under PC 261, and a conviction could attract a jail term of up to eight years if the victim is eighteen years or older.
Sodomy by Force
If your child has a history of a PC 286 violation conviction, a subsequent conviction could attract enhanced penalties under PC 667. Your child commits this offense when he/she penetrates (regardless of how slight) the anus of someone else.
Ejaculation is unnecessary for a conviction under PC 286. Depending on your child’s unique case, he/she could face felony or misdemeanor penalties after conviction. A misdemeanor PC 286 conviction is punishable by up to one year in jail. However, a felony offense could attract up to a decade behind bars.
Arson
Arson is the willful and malicious setting of fire to any forest land, structure, or property. Procuring, counseling, or aiding in the materials used to set the fire could also attract arson charges against your child. Depending on the extent of the damage and whether there were injuries, a conviction for an arson offense under PC 451 could result in up to 9 years in jail.
Carjacking
PC 215 makes it unlawful to take someone’s vehicle from his/her immediate possession using fear, threats, or force. A PC 215 violation conviction carries a three, five-, or nine-year jail term. However, this sentence could increase significantly if the minor used a weapon to commit the offense.
Torture
Torture is a serious offense defined under PC 206 as causing severe bodily injury to someone else with the intent of causing him/her extreme suffering or pain for extortion, persuasion, revenge, or any other sadistic reason. A PC 206 is a felony punishable by up to life in prison without the possibility of parole.
What the Court Expects the Prosecutor to Prove to Consider Your Child’s Offense Strikeable
A juvenile strike offense could significantly affect your child’s life. In addition to attracting grave disposition outcomes, including detention in the DJJ (Division of Juvenile Justice), a juvenile strike could be used against your child as an adult, enhancing the penalties he/she could receive for future offenses.
If your child is under arrest as an adult, the court considers his/her juvenile conviction (sustained petitions) as a strike under PC 667 if the prosecutor can prove the following:
- The Minor Was 16 or Older at the Time of the Offense
For your child’s offense to count as a strike after being charged with a violent or serious offense as an adult, the prosecutor must prove beyond a reasonable doubt that the minor was at least sixteen (16) years old at the time of the offense but not older than eighteen (18) years.
- The Judge Found Your Child’s Case Fit for Adjudication in the Juvenile Delinquency System
According to WiC 602, a person must be at least eighteen (18) years old for the judge to consider him/her a ward of the court. Depending on the seriousness of the alleged violation, the juvenile court judge could decide to transfer your child’s case to an adult court, meaning he/she will receive similar penalties as an adult would for a similar offense.
- The Minor’s Juvenile Violation Falls Under WiC 707(b) or PC 667.5 or PC 1192.7
The court could consider your child’s delinquent act a strike if the violation falls under WiC 707(b), PC 667.5, or PC 1192.7. These statutes outline various serious and violent offenses that could attract a strike under the Three Strikes Law following a conviction for a subsequent serious offense. These offenses include (but are not limited to) the following:
- Rape
- Murder
- Robbery
For your child’s past delinquent act to count as a strike during a prosecution for another offense as an adult, the prosecutor must provide the court with sufficient evidence to prove the above facts. Considering the gravity of the consequences your child could face if his/her past juvenile offense is strikeable, you should hire a reliable attorney to act as your child’s legal voice in court.
A skilled criminal defense attorney could convince the court to dismiss or reduce your child’s current charge to a lighter offense with fewer legal ramifications in your life.
Potential Dispositions Your Child Could Face for Strikeable Offense
The lingo in juvenile court differs slightly from that in adult court. For example, a disposition is the term used to refer to a sentence in a juvenile court. A “sustained petition” in a juvenile court is similar to a “guilty verdict” in adult court.
To that end, if your child is under arrest for a “strikeable” delinquent act or violation, he/she could face any of the following possible dispositions when the court sustains the prosecutor’s petition against him/her:
Deferred Entry of Judgment (DEJ)
A juvenile strike could have far-reaching impacts on your child’s life. If your child’s delinquent act counts as a strike under PC 667, a sustained petition could lead to confinement in a DEJ facility. DEJ offers your child the chance to avoid a long-lasting criminal record.
As long as your child completes his/her DEJ program and its requirements, including probation and paying restitution to the victim, his/her criminal record will not show any formal conviction. However, DEJ programs are only accessible if your child is a first-time offender for a serious offense and the delinquent act does not fall under WiC 707(b) offenses.
DEJ is typically a detention and rehabilitation system specifically designed for serious juvenile offenders. Detention in a DEJ facility is the closest counterpart to serving time in an adult prison because inside these facilities, your child will interact with other juveniles with a record for more serious felonies, and that could negatively impact your child’s mental health.
The length of the period the minor will serve in the DEJ facility could be similar to what he/she would serve in an adult prison, including up to 36 months. The specific DEJ locked-down institution the juvenile court will recommend your child remain in will depend on his/her age, maturity level, educational needs, and individual risks and needs.
Financial Responsibilities
Depending on the nature of the minor’s juvenile strike charge, the court could order him/her to pay fines and restitution to the victim of the violation. Even though the juvenile court judge will order your child to pay the fines and restitution, as a parent, you may end up bearing the financial burden.
The juvenile court could impose this responsibility on you to motivate you to keep a closer eye on your child and monitor his/her behavior to prevent possible future violations.
Other Detrimental Consequences of a Juvenile Strike Offense
The legal repercussions of receiving a sustained petition or conviction for a strike offense under PC 667 could be far-reaching, even when your child becomes an adult. Some of these detrimental consequences include (but are not limited to) the following:
Enhanced Penalties for Future Felony Convictions
Accumulation of juvenile strikes or convictions could significantly enhance the criminal penalties your child could receive for subsequent convictions. If your child is under arrest or charged with a serious or violent felony as an adult, his/her prior juvenile strike could affect the severity of the sentence he/she receives for the current conviction.
For example, if your child has one juvenile strike on his/her record, a subsequent conviction for a strikeable offense under PC 667 could result in a sentence double that he/she would receive without the strike. That is particularly true, even if his/her second or third conviction is not as serious as the first juvenile strike.
Challenges Securing Employment
A juvenile strike on your child’s record could follow him/her even after serving his/her disposition or sentence. If your child has a juvenile strike on his/her record, securing employment, even as an adult, can be challenging because many employers conduct background checks on prospective employees.
Challenges Securing Housing
In addition to employers, prospective landlords or house owners could check your criminal background before allowing you to rent or live in their apartments. If you have a strike in your record, especially for serious offenses like rape and carjacking, a landlord could be reluctant to allow you to live in his/her rental property.
Challenges Securing Professional Licenses
If your child’s career path requires a professional practice license, securing this crucial document could be challenging if he/she has a juvenile strike on his/her record. That is particularly true if the child’s past violation is related to his/her qualifications and duties.
For example, having a juvenile strike for a rape offense or an aggravated assault offense could make the licensing board deny your application for a practice license.
Social Stigma
Finally, as with any other offense, a sustained petition for a crime that qualifies as a strike under PC 667 could attract social stigma. That could be detrimental to your child’s life, as it can make it challenging for him/her to reintegrate into the community.
Legal Options for Your Child if he/she is Under Arrest or Charged With a Juvenile Strike Offense
As mentioned in the previous paragraph, a “juvenile strike” is any offense that counts as a strike under PC 667. While the legal repercussions of this statute could be serious, minors have legal options to challenge the violation. Understanding these available options is vital for your child and for you, the parent, as you navigate the ins and outs of the juvenile justice system.
That is where the service of a seasoned criminal defense attorney becomes paramount. With the legal assistance of a credible attorney, the court could dismiss or reduce your child’s charges to a lighter delinquent act with fewer legal ramifications on his/her life. Below are some of the legal options your child’s attorney could explore to secure a favorable outcome:
A Plea Bargain
If your child is under arrest or charged with a “strikeable” delinquent act, his/her attorney can challenge the violation by negotiating a favorable plea bargain option. Like in an adult court, the prosecutor in the juvenile court could agree to drop or reduce your child’s charges to a lighter “non-strikeable” offense if he/she agrees to enter a guilty plea to the underlying charges.
In some cases, a judge’s presence may be necessary during the plea bargain process. If that happens, your child has the right to retain the same judge who accepted the plea bargain to determine the ideal sentence or disposition for his/her violation.
A Transfer Hearing
Another legal option your attorney could use to help prevent or reduce the impact of a juvenile strike charge on your child’s life is the prosecution in adult court. However, for your child to undergo prosecution in adult court, a transfer hearing will be necessary. A transfer hearing helps determine whether your child’s case is fit to stand trial in an adult court.
Generally speaking, the minor’s case could be fit to stand trial in adult court if any of the following facts are true:
- The minor charged with a felony offense and he/she is sixteen years or older
- The alleged offense falls under WiC 707b, and it occurred while your child was fourteen or fifteen, but his/her arrest did not occur until the minor turned eighteen
Other considerations that will come into play at the transfer hearing when determining whether your child’s case is fit for a trial in an adult criminal justice system include the following:
- The extent of criminal sophistication that the minor portrayed while committing the crime
- The chances of the minor becoming rehabilitated and a law-abiding citizen before he/she turns eighteen, which ends the juvenile court judge’s jurisdiction on his/her case
- If the minor has a past delinquent history
- The gravity and circumstances of the underlying charge
- Whether the minor has received rehabilitation in the past
When the juvenile court finds your child unfit for trial in the juvenile justice system, he/she will transfer his/her case to an adult court. Here are the advantages of having your child undergo trial in the adult criminal justice system:
- Access to Bail
Once your child’s case goes to an adult court, he/she can post bail to secure his/her pretrial freedom pending a judgment on the case. That means the minor does not have to remain in confinement pending the judgment in his/her case.
- Right to Challenge the Charges at Trial
Your child’s right to challenge the charges he/she is facing at trial is not available in a juvenile delinquency court. However, in an adult court, he/she will have a chance to fight the charges filed against him/her to secure a favorable outcome, including a dismissal or a lighter charge.
- The Minor Can Negotiate a Favorable Plea Bargain
Plea bargaining is a common way for prosecutors and attorneys to resolve criminal cases without going to trial. A plea bargain gives your child a chance to have his/her case reduced or dismissed when he/she enters a guilty plea to the underlying charges.
If the prosecutor agrees to reduce the minor’s charges, his/her sentence after conviction could be lighter than what he/she would serve for a “strikeable” offense.
- Variety of Sentencing Options
Sentencing options in an adult court are more than in the juvenile court. Additionally, the possible sentences your child could receive for a serious or non-violent felony conviction are sometimes shorter than what he/she would face in a juvenile court.
Find a Profound Juvenile Delinquency Defense Attorney Near Me
When your child is under arrest or has a pending charge that could attract PC 667 legal consequences, having a credible juvenile delinquency attorney who understands the ins and outs of both sides of the courtroom could be helpful. Our talented attorneys at CCLG Los Angeles Criminal Attorney have handled juvenile cases from both perspectives, and we can help your child, too.
We invite you to call us at 323-922-3418, and our attorneys will review your child’s delinquent act to help determine an appropriate cause of action to secure a favorable outcome.
