When a minor is accused of a serious felony, the protections typically afforded by the juvenile justice system may be compromised. Under certain circumstances, California law allows the state to bypass the rehabilitative focus of the juvenile court in favor of adult criminal prosecution.
It allows prosecutors to seek adult court jurisdiction for minors as young as 14 in limited circumstances. In cases involving armed robbery or aggravated assault, the legal focus often shifts away from rehabilitation toward punishment.
If your child is facing the prospect of being tried as an adult, you need a defense attorney who understands juvenile law and the potential consequences of being tried in an adult court. At CCLG: Los Angeles Criminal Attorney, we assist minors involved in juvenile proceedings. Contact us to learn more about the offenses for which minors can be tried in adult court.
Homicide and Manslaughter
In California, when a homicide involves a minor, California’s legal framework changes significantly. Although the original purpose of the state has changed to rehabilitation, homicide and manslaughter are among the most serious offenses listed under Welfare and Institutions Code 707(b). The potential of the minor to reform is strictly scrutinized in accordance with Welfare and Institutions Code 707.
The difference between the degrees of homicide is a significant consideration in a transfer hearing (previously referred to as a fitness hearing) to determine whether the minor is to be tried in a criminal court (adult court).
- First-degree murder (premeditated)—Cases that involve first-degree murder virtually always result in a transfer motion. The prosecutors claim that premeditation is an issue that shows a certain degree of sophistication that does not qualify the minor for the juvenile system.
- Second-degree murder—These are usually connected with “malice murder” or with voluntary manslaughter (crimes of passion). Defense counsel often rely on Miller v. Alabama to argue for diminished culpability due to adolescent brain development. This suggests that these spur-of-the-moment actions are symptoms of the neurologically immature adolescent brain, which lacks impulse control but is not inherently born with criminal instincts.
One of the most significant changes to occur, particularly about the felony murder rule, is perhaps California Senate Bill 1437, which significantly limited felony murder liability, particularly for non-killers. In the past, a minor might have been accused of murder when they did not pull the trigger. For example, a driver in a robbery that resulted in a murder.
The law has greatly restricted the felony murder rule under the reformed law. A conviction of murder against a person can now be made upon the basis of the defendant:
- Being the actual killer
- Acted with intent to kill or was a major participant acting with reckless indifference to human life (aiding and abetting)
- Was a significant participant in the underlying felony and was guilty of being recklessly indifferent to human life.
The age limits in California are among the most protective in the country. Following SB 1391, California generally prohibits transferring 14- and 15-year-olds to adult court, with minimal statutory exceptions. This means that for 14- and 15-year-olds, cases must remain in juvenile court unless very narrow exceptions apply. In the case of persons aged 16 and 17, the prosecution should request that the court transfer the case to adult jurisdiction.
Juvenile sentencing has been transformed by the U.S. Supreme Court and the California Supreme Court (for example, People v. Caballero):
- LWOP limitations—The California legislation has now become effective with the provisions of the Youth Offender Parole Hearings (SB 260/261/394). These hearings generally provide a chance to be put on parole regardless of the long adult sentence, considering that juveniles are constitutionally different.
- Graham v. Florida & Miller v. Alabama—These are the foundation cases of the defense because, as the cases argue, life sentences with no release on parole for minors are hard to come by. They require a determination of permanent incorrigibility, which is difficult to obtain in California courts.
Aggravated Sexual Offenses
Sexual offenses involving minors are treated with heightened seriousness. Most juvenile crimes are addressed by administering rehabilitation, which is not the case with forcible and aggravated sexual offenses defined under Penal Code provisions. This typically becomes the trigger for initiating a transfer motion under Welfare and Institutions Code Section 707(b).
The presence of force, fear, or weapons is a significant consideration in determining whether to proceed with juvenile prosecution or adult prosecution.
- Statutory rape (Penal Code § 261.5) — These cases are usually termed as unlawful sexual intercourse. However, these cases are considered based on age rather than force. Since the victim cannot give any consent according to the law, since they are underage, the act is criminalized despite their willingness. These wobbler crimes often remain in juvenile court, particularly in cases where the age difference is low and there is no violence involved.
- Aggravated offenses — Cases like forcible rape (PC 261), forcible sodomy (PC 286), or forcible sexual penetration (PC 289) are essentially different. These charges allege that the act was done against the will of the victim through the use of force, violence, duress, or fear of immediate bodily injury. These are known as 707(b) offenses. Therefore, they can be transferred to adult court if the offender is a minor under 16 or 17 years of age.
If a minor is accused of the following felonies, the prosecution might describe the conduct as being predatory in nature to prove that the minor cannot be subjected to juvenile rehabilitation:
- Forcible sodomy (PC 286) — It is a violent felony involving force or violence against a victim incapable of consent
- Aggravated sexual battery (PC 243.4) — It is the touching of an intimate part of one person against the will of the other person, who is also being unlawfully bound.
- Aggravated sexual assault of a child (PC 269) — This is among the most significant additions to the California Penal Code. It applies when a defendant (even an older teen) commits a specified sex act on a child under 14 who is at least seven years younger than them.
A transfer to adult court fundamentally alters the nature of the Sex Offender Registry requirement. It is no longer a rehabilitative measure, but a significant punishment. In the tiered system applied in California by Senate Bill 384, a conviction for an aggravated sexual offense often results in a designation of Tier 3. This classification entails lifetime registration. It establishes a public record that follows the individual, even after they have served their sentence and are no longer a minor.
With this shift to the adult tier system, confidentiality that is usually given to the minors is removed, hence exposing their lives to the Megan’s Law site. The adult registry is a notification system unlike the juvenile system, which, despite ensuring sealed records and privacy to encourage reintegration, is primarily viewed as a confidential, court-supervised system. This visibility has immediate and far-reaching collateral consequences. In many instances, the registry status is used by employers and landlords as a disqualifier in the application process.
These employment and housing structural barriers keep the young adult in a state of instability and social isolation. Embargoes on residency, also known as residency restrictions, prohibit registrants from living near schools, parks, or daycare facilities. These restrictions limit their options for obtaining a stable shelter in the cities. This impermanence undermines the stability that is crucial for ensuring successful rehabilitation and preventing recidivism. Thus, the registry itself becomes a barrier to everyday life.
Since the adult court does not offer a set of flexible stages of petition removal that juvenile adjudications do, the path to relief becomes much more complex. A minor may request in the juvenile court to be removed from the registry after five or ten years of successful conduct. However, an adult conviction of a violent sex offense will have them firmly on the registry (twenty years or life).
Armed Robbery and Kidnapping
A juvenile delinquency case can turn into an adult criminal felony with the help of one factor: a weapon. According to Welfare and Institutions Code 707(b), robbery and kidnapping with a gun count as violent crimes. Prosecutors can request the transfer of underage individuals (aged 16 or 17) to the criminal jurisdiction. With the involvement of a weapon, the legal system ceases to consider the background of the minor and shifts to the factual dangers of the act itself.
The presence of a firearm significantly enhances the severity of the charges, often acting as a catalyst for transfer to adult court. A normal robbery may be considered a failure in judgment, but aggravated robbery with a gun is regarded as a deliberate risk to human life.
Penal Code 12022.53, known as the 10-20-Life law, introduces harsh new provisions that prosecutors can leverage:
- 10 years of personal use of firearms
- 20 years, when the shooting was carried out intentionally and personally by discharging a firearm
- Life imprisonment up to 25 years, in case the release results in great bodily injury or death
Although the minor does not have any record, these minimums are obligatory in case the case is transferred to the adult court. This multiplier effectively strips the judge of the discretion to consider the age of the minor or their reform capability when imposing the enhancement.
Carjacking
There has been a tremendous rise in cases of carjacking (PC 215) among minors in California. Since carjacking is by definition the act of taking a car, in the immediate presence of a person, through the use of force or fear, it is classified as a violent felony.
Prosecutors have often argued for transferring adult cases to court due to the high-speed and open nature of the crime. To a 16-year-old, one episode of carjacking can result in a “strike” under the California Three Strikes Law. This means they will continue to live with the consequences of the strike for the rest of their adult lives.
Kidnapping
A common misconception is that kidnapping (PC 207) requires a ransom or an abduction that will last for a long time. Legally, the threshold is much lower. In the context of a robbery or a home invasion, kidnapping may occur when a minor moves a victim a distance, even to another room, to accomplish the crime or escape.
When this movement endangers the victim with more harm than that involved in the robbery itself, then it is kidnapping during the commission of a robbery (PC 209). This accusation carries the potential for a life sentence in an adult court and, therefore, is one of the most effective tools in the prosecution’s arsenal when negotiating transfers to an adult court.
Aggravated Assault and Battery
A physical fight in school, within the juvenile justice system, is generally viewed from the perspective of behavioral correction. However, in cases where an incident escalates to an aggravated status, the legal system pursues criminal prosecution rather than an educational approach. Certain types of assault have been defined under Welfare and Institutions Code 707(b) as violent felonies. They do not receive the usual safeguards of the juvenile court for minors aged 16 and 17.
The legal boundary between a “school fight” and an aggravated assault charge for juveniles is defined by the severity of the injury and the intent behind the action:
- Simple battery (PC 242)—An unreasonable and illegal application of force or violence on another human being. These cases typically remain in juvenile court without injury or with no weapon involved.
- Assault with a deadly weapon (PC 245)—This offense is provoked by the application of any tool that can result in a great bodily injury (GBI). It could be a gun, a knife, or even a vehicle. The presence of a weapon will automatically classify the offense as a 707(b) offense.
- Assault with intent to murder (PC 217.1)—This is the maximum level of assault. This charge, unlike a spontaneous fight, is a deliberate intention to kill an individual. The intent is a primary driver for prosecutors seeking to transfer a case to adult court.
The law has provisions that grant greater protection to specific groups of victims. In cases where an attack involves the use of protected classes, the chances of prosecution as an adult are high:
- Law enforcement and first responders—The battery of a law enforcement member or an emergency medical responder in the act of their duty is handled with great harshness.
- School personnel—Attacking a teacher or administrator on school grounds can result in expulsion from the school system. It may be used as a pretext by the prosecutor to claim that the minor is not a suitable candidate for juvenile rehabilitation.
California criminal street gang enhancement under PC 186.22 serves as an intermediary procedure that changes comparatively common juvenile offenses to adult criminal prosecution. The prosecution introduces a layer of organized criminal intent that overrides the presumption of adolescent impulsivity. This is so when the prosecution argues that a minor assaulted another:
- To benefit
- At the direction of or
- In association with a criminal street gang
The core idea behind this accusation is that the judge begins to perceive the defendant in a different light. They should not consider the individual child, but rather the perceived danger to the entire group.
This change in perception has a direct effect on how the judge will assess amenability to treatment in a transfer hearing. When a prosecutor is successful in adding a gang enhancement, they could claim that the minor has chosen life. This demands intensive, permanent incapacitation, which adult prison offers as opposed to the rehabilitative services provided by the juvenile system. This enhancement often drives transfer decisions, since it positions the minor as a highly organized criminal actor whose affiliation with a larger group makes the standard juvenile intervention useless.
In addition to the procedural impetus to adult court, the gang enhancement has compulsory sentence add-ons. It could increase the time spent in prison by two to three times. These are enhancements to the sentence in the adult system, which include an addition of between five and ten years. In most cases, the individual is also required to serve at least 85% of the sentence before being eligible for parole. These are harsh and cumulative punishments.
Defense counsel often oppose the evidentiary foundation of these enhancements to prevent the minor from entering the adult system. The strategies include:
- Deconstructing the testimony of the prosecution’s gang expert
- Showing that the relationships of the minor are not criminal but social or family-based
The removal of the gang charge from the case often undermines the prosecution’s case in transferring the juvenile to adult courts. The juvenile remains in the juvenile system, where they can access the counseling and education necessary to break away from negative peer influences.
RICO and Drug Trafficking (Organized Crime)
The juvenile drug offenses in California are not considered crimes but rather a public health issue. However, when a case exceeds the point of mere possession and involves large-scale distribution or organized business, the protective shield of the juvenile court is often lost. The Welfare and Institutions Code, Section 707(b), provides for high-level narcotics offenses that permit prosecutors to state that the criminal level of a minor is so high that the minor should be compelled to stand trial in an adult court.
The law distinguishes between experimentation as an adolescent and professional distribution. Whereas a simple possession (Health and Safety Code 11350) leading to personal use practically always imposes juvenile diversion or probation, trafficking is subject to a different set of rules, specifically:
- Quantity matters—According to Section 707(b)(25), where the manufacturing, compounding, or selling of large amounts of certain controlled substances, namely, PCP and similar narcotics, is concerned, the minor could face an adult court transfer.
- Intent to distribute—Once a minor has been found with amounts that are in excess of personal use, with the presence of scales, baggies, and large amounts of money, the prosecution can argue that the possession was a business venture. These charges carry minimum sentences that do not take into account the reduced culpability of youth in adult court. Thus, the result is years of imprisonment in state custody.
The Racketeer Influenced and Corrupt Organizations (RICO) Act enables prosecutors to prosecute individuals for the actions of a larger group. Using the conspiracy perspective, even when a minor did not personally commit any violent crime, they may receive a lengthy adult sentence.
Federal and state prosecutors utilize these statutes to target the enterprise as a whole. A minor serving as a courier or lookout can be held responsible for the joint wrongdoing of the gang, including murders and robberies by more mature members. Since RICO is concerned with the pattern of racketeering, the age of the minor is often considered secondary to their involvement in the criminal enterprise.
The biggest nightmare for juveniles is the transition from state to federal jurisdiction. Although, in general, SB 1391 safeguards 14- and 15-year-olds from being tried in adult court, the Federal Juvenile Delinquency Act (JDA) offers an alternative approach to California.
When the federal government determines that there is a substantial federal interest, typically involving large-scale drug trafficking across state borders or a large-scale organized crime operation, it can launch federal proceedings. When the minor is 15 years old or above, and the offense committed is a violent felony or a crime committed through drug dealing. Federal prosecutors may seek an order to transfer the minor to an adult. The federal system does not offer parole, and thus, a minor found guilty of a RICO or a trafficking crime as an adult will serve almost all the days of their sentence.
Find a Criminal Defense Attorney Near Me
The transition from juvenile to “adult defendant” can shatter your child’s life forever. The sooner the state ceases to view a minor as someone who needs guidance and begins to view them as an adult criminal who needs to be punished, the fewer chances the state has to intervene.
As a parent, you are fighting for a judgment in the high-stakes transfer hearings in California. You are also fighting to save your child’s future and one mistake should not destroy your child’s whole future. Contact CCLG: Los Angeles Criminal Attorney at 323-922-3418 to secure help for your child to pursue rehabilitation and a second chance.
