The law presumes that a minor’s or underage person’s brain is not wholly developed, and, therefore, the justice system should treat them differently as they do not comprehend the nature and repercussions of their conduct. So, when an underage person engages in legal violations, their case is adjudicated in the juvenile delinquency court, whose objective is to rehabilitate minors to rectify their conduct and become responsible citizens. The assumption is that juveniles deserve a clean slate.

Nevertheless, particular violations by children are severe, and even if underage persons commit them, they could secure a strike under the three strikes law. If your minor faces charges under the juvenile three strikes law, you must enlist the services of an attorney with knowledge of these statutes. At Monterey Criminal Attorney, we will intervene to minimize the adverse effects of the counts lodged against the child. Our objective is to mitigate the long-term consequences of a strike.

Juvenile Delinquency Overview

The law deems any person younger than 18 a minor or underage person. The minds of these individuals are not fully developed, leading to the assumption that they do not fully comprehend the nature of the consequences of their wrongdoing. So, when they engage in a delinquent act, they are subject to a different justice system from the adults.

When a minor engages in a violation like shoplifting, their criminal behavior is not deemed a crime. Instead, it is called a delinquent act. Therefore, juvenile delinquency refers to a minor's commission of a crime. Your minor will still be subject to the juvenile delinquency system if they commit a crime when they are underage but are only arrested for it after they turn 18. However, sometimes the prosecutor can seek a transfer hearing to hear the case in the adult court. 

The two violations your minor will likely face a petition for include delinquent acts and status offenses. Status offenses are violations the minor engages in because of age, like curfew violations.

In contrast, delinquent acts are violations committed by underage individuals and would have remained criminal violations even if the perpetrator was above 18. From this definition, you can deduce that a juvenile delinquent is an underage person who willfully engages in delinquency. The delinquent conduct court deems misdemeanors are adjudicated in the juvenile court. In contrast, those deemed juvenile felonies could be transferred to the adult court depending on the severity and the delinquent's age.

Juvenile delinquency examples include petty theft, vandalism, shoplifting, fighting, and trespassing, just to mention a few. When police arrest your child for any of these violations, they risk a formal petition that a judge adjudicates. Even though this justice system aims to rehabilitate, an unfavorable outcome in the proceeding could have severe repercussions on the minor’s future, so you should hire an attorney to fight the accusations on their behalf for a fair verdict.

California Three Strikes Law

California has a sentencing scheme known as the three strikes law provided under PEN 667. The scheme imposes a maximum punishment of 25 years to confinement in prison for life to repeat offenders found guilty of at least three violent or serious felonies. The statute increases the prison sentence whenever an individual is found guilty of a violent felony. If an offender has a prior guilty verdict for a serious felony, a subsequent conviction will attract a longer prison sentence.

Examples of violent crimes include rape, murder, and assault with a lethal weapon. Serious felony examples include arson, drug trafficking violations, and grand thefts exceeding given amounts.

It is worth understanding that not all felonies are strikeable. A first conviction only attracts standard penalties as it is a first strike. A second guilty verdict for a serious felony or violent crime attracts double the standard penalties, while a third guilty verdict triggers 25 years to life incarceration.

Under the PEN 667 sentencing scheme, it is not only the defendant’s prison sentence that is lengthened. Inmates receive lower custody credits. These credits are awarded to inmates who behave well while serving their sentence. Third strikers are denied custody credits for good behavior while on the inside, missing out on a reduced sentence. Second strikers also have their sentences impacted because they receive lower custody credits, forcing them to serve 80% of their sentence before an early release. First strikers are usually entitled to a 50% reduction in prison sentences for good behavior, meaning they only have to serve half their prison sentence to regain freedom.

Sometimes, the court can convict a defendant with multiple felonies under one case. Strikers cannot serve all these sentences; hence, they must serve the sentences consecutively, one after another.

Juvenile Three Strikes Law At a Glance

California laws safeguard minors, which is why it seeks to rehabilitate and give a second chance to delinquents or minors who engage in delinquent conduct. The law provides minors special treatment by trying them in juvenile courts designed for rehabilitation. Nevertheless, as much as the court wants to protect delinquents and give them another chance, when a minor commits particular types of delinquency, they are transferred to the adult court for prosecution and sentencing. The adult system differs from the juvenile system because it aims to punish offenders, translating to harsher penalties.

The prosecutor will request a transfer hearing to move the delinquent to the adult court for prosecution if the offender is 16 or 17 years old and engages in delinquent behavior deemed a serious or violent felony under Welfare and Institution Code (WIC) 707(b). The crimes prescribed under WIC 707b are juvenile strikes, as they are also strikeable under PEN 667. If your child engages in any of these juvenile strikes, the juvenile court could transfer them to the standard adult court. On the other hand, a juvenile judge could adjudicate the petition. In case it is sustained, the sustained petition will increase the minor’s prison sentence if they are convicted of a future serious or violent felony. A sustained petition for a juvenile strike could also be placed in the California Youth Authority (CYA).

Age is a significant factor in determining whether a delinquent act is a juvenile strike. California statutes clearly state that a minor must be over 16 during the crime to face prosecution under PEN 667. So, when your juvenile commits a felony under 16, their offense does not qualify as a juvenile strike even if it is listed under WIC 707b, even if they are over 16 during prosecution and conviction.

Juvenile Three Strikes Law Conditions

Your minor’s WIC 707b juvenile will be a PEN 667 violation under certain conditions. The delinquent must satisfy these conditions for any sustained juvenile strike petition to be strikeable under PEN 667. For your delinquent’s behavior to amount to a strike, the prosecutor should demonstrate the following:

The Defendant Was at Least 16

The prosecutor should demonstrate to the juvenile court or the adult court, if your minor’s petition were transferred, that you were between 16 and 18 when the violation happened. The delinquent act would not be a strike if the minor were below 16 years old when the crime occurred but above 16 during the petition adjudication.

The Delinquent Act’s Nature

Your minor’s delinquent act will be a juvenile strike if prescribed under PEN 667.5 or PEN 1192.7. Offenses prescribed under WIC 707b also qualify as juvenile strikes. So, if the DA shows that your minor’s delinquency could result in a guilty verdict in adult court, earning them a strike under PEN 667, then the court would award a strike.

The Delinquent is Fit for Judgment

The prosecutor must also demonstrate that you are fit for the juvenile court trial and will benefit from the system. For your child to be deemed a ward of the court and fit to have their petition adjudicated in the juvenile court, they must be under 18. Minors will be unfit to face juvenile court if they are less likely to benefit from the training, treatment, or care provided under WIC 707(b).

The factors the court considers to determine a minor’s fitness are:

  • The minor’s delinquency history
  • The success of previous rehabilitation attempts
  • The severity of the current delinquent act
  • The level of sophistication demonstrated by the minor through the current violation
  • The severity and circumstances surrounding the violation
  • If it is possible to rehabilitate the minor before the lapse of the court’s jurisdiction

When the court concludes the minor is unfit for the juvenile delinquency system, they will transfer them to the adult court.

Your minor being declared a court ward makes the court the delinquent’s guardian, and they are responsible for the minor’s decisions.

Juvenile Strikes Examples

A juvenile can commit multiple delinquent acts that earn them a strike on their record when sustained. These juvenile strikes are often severe and involve violence. They are:

  • Sex offenses, including child molestation
  • Carjacking
  • Home robbery
  • Sodomy using force
  • Dissuading witnesses
  • Lascivious or lewd acts
  • Kidnapping during the commission of a carjacking offense
  • Kidnapping to commit sexual assault
  • A violent offense entailing utilizing a gun by a minor
  • Arson involving an occupied building
  • Discharging a firearm in an inhabited structure
  • Rape involves using physical force or violence, causing the victim to sustain bodily harm
  • Drug offenses where a minor is involved in the production and sale of controlled drugs
  • Murder
  • Attempted murder
  • A sexual act involving a minor
  • Torture
  • Forcible sexual penetration
  • Aggravated mayhem
  • Drive-by-shooting
  • Voluntary manslaughter
  • Escaping a county jail and intentionally causing significant bodily harm to a worker of the institution in an attempt to escape
  • Exploding an explosive device with intent to kill or commit murder
  • Gang-related violations that lead to gang enhancement

You should know that the age difference between your minor and the victimized party will impact the sentence. The delinquent’s conduct will also inform the type of penalties they face.

A sustained petition for a juvenile strike will severely impact your minor’s future. So, when you learn of your minor’s arrest and juvenile petition, it is crucial to hire an attorney with knowledge of juvenile delinquency. An attorney knows that only some felonies are treated as juvenile strikes and will take action early to prevent a petition or charge for a strikeable offense. The attorney can negotiate with the prosecutor or submit solid mitigating factors to compel the prosecutor not to add a strike on the minor’s record.

Possible Penalties in Juvenile Delinquency Case

The juvenile delinquency justice system is designed to rehabilitate delinquents. Nevertheless, you should not assume that the juvenile will not face any punishment because the goal is rehabilitation. The juvenile judge will impose disciplinary measures aimed at disciplining delinquents while rectifying their behavior but not seeking retribution from the delinquent. The penalties are:

  • Community hours or labor
  • Commitment to a juvenile hall, camp, or ranch
  • Enrolling in victim impact courses
  • Placement in a foster home
  • Commitment to CYA
  • Payment of court fines

Any sustained petition for delinquency earns your minor a strike on their record. The first conviction results in standard penalties. However, the second strike will double the standard penalties for the felony conviction. A third strike will lead to twenty-five years of confinement and life imprisonment.

The Possible Impact of A Strike on Your Delinquent’s Record

A sustained petition for delinquency can adversely affect your minor’s future, with the most immediate consequence being commitment to a Division of Juvenile Justice Facility (DJF), formerly known as CYA, which acts as a prison for minors to confine young offenders convicted of serious or violent felonies. Young offenders confined in these facilities include:

  • Court wards
  • Those whose offenses are prescribed under WIC 707b
  • Those whose current petition is for a sex offense prescribed under PEN 290.008c

DJF confinement is the most severe punishment for a delinquent, as it involves lengthy detention. If the delinquent act by the minor is severe, the judge will commit them to a CYA facility for the same duration they would have served in jail or prison if the offense was sentenced in an adult court. When the court sentences a minor to these facilities, they will be locked in an institution depending on age, scholarly needs, risks, and the nature of the sustained petition or charge.

The worst impact of confinement in DJF is that once the minor is admitted to the facility, the law deems them as first strikers. Therefore, another conviction in adulthood for a related offense will result in a second strike, meaning the court will double the standard penalties for the offense. A sustained petition will count as a prior strike if:

  • The delinquent was at least 16
  • The court declared the delinquent a court ward
  • The sustained petition is for an offense prescribed under WIC 707b and is a violent crime or serious felony
  • The delinquent act is not prescribed under WIC 707b, but it is serious and violent
  • The judge sustained one of the petitions against your minor

Plea Bargaining Juvenile Strikes

A sustained petition for the charge can devastate your minor’s life. So, immediately after you learn of the reason for their arrest, you should contact an experienced juvenile delinquency lawyer to understand the delinquent’s legal options. A proficient attorney will evaluate the case and give the best legal guidance to protect the minor’s future. The primary legal option for the case is a plea deal or bargain.

Before the prosecutor files a formal petition against your minor, the attorney representing them can compel the DA to lower the charges to a more favorable petition that does not earn a strike upon conviction. Usually, the prosecutor decides on the preferred petition in the juvenile court and charges in the adult court. So, if you employ an attorney early in the case, they could negotiate with the prosecutor to lower the charges or dismiss the case.

Depending on the practices in your locality, a judge could also be involved in plea bargaining. If a judge is involved in a plea deal and takes your admission for guilt, ensure that the same judge is involved in the disposition or sentencing hearing to implement the sentence agreed in the agreement. Involving a new judge in the disposition could result in harsher penalties different from those agreed upon, as the judge will only refer to the admission.

Fitness Hearing

A fitness hearing, otherwise called the transfer proceeding, involves determining whether the juvenile is fit for the trial in the juvenile court or should be moved to the adult court. Individuals subject to the transfer proceeding are:

  • Delinquents at least 16 charged with felony violations
  • A delinquent charged with a delinquent act prescribed under WIC 707b and aged 14 or 15 but was only arrested or the crime was discovered after they turned 18

A juvenile judge considers several aspects of the case before declaring a delinquent unfit for the juvenile court, including:

  • The extent or level of criminal sophistication portrayed by the delinquent
  • Whether it is possible to rectify the minor’s conduct before the lapse of the court’s jurisdiction
  • Prior record of delinquency
  • The success of previous attempts to reform the young offender
  • The severity and circumstances surrounding the current violation

If previous rehabilitation attempts were unsuccessful, the minor exhibited a high level of criminal sophistication, has a delinquency record, and there is a high possibility that another rehabilitation attempt will be unsuccessful, the court will declare the delinquent unfit and transfer them to the adult court. The delinquent’s file is handed over to the DA, who lodges criminal charges in the adult criminal court system.

Whether your minor’s case is handled in juvenile or adult court, a proficient attorney will defend the young offender for a fair verdict that does not dent their future.

Advantages of the Juvenile Court Handling Your Minor’s Petition

If the court determines your minor is fit to have their petition adjudicated in the juvenile court, they will benefit in many ways. These benefits include:

  • A lenient disposition designed for rehabilitation and not retribution
  • The court’s disposition is guided by the young offender’s best interests, the victim’s interests, or the public’s interest
  • The petition is resolved faster because the juvenile court process is short
  • The delinquent does not interact with adult criminals, risking their safety or increasing the risk of learning more criminal activities while behind bars.
  • Juvenile record expungement is easier

Nevertheless, just because your minor has been tried in adult court for a juvenile strike does not mean that a sustained petition will not earn the delinquent a strike.

Benefits of Transferring a Young Offender to the Adult Court

The court transferring your juvenile to the adult court is not as bad as it sounds. The juvenile court has limitations and will not protect the juvenile from the consequences of their actions. Therefore, moving the offender to the adult court could be beneficial.

First, in the adult court, the young offender will be entitled to bail. They do not have to stay behind bars until they stand trial. When the prosecutor determines their charges, you can check the Monterey County bail schedule to learn the bail for the offense or wait for the bail hearing. Whatever option you go for, the delinquent will obtain a pretrial release. However, as the parent, you must ensure they attend these proceedings.

Also, the delinquent can choose a jury trial, which is unavailable in the juvenile court. In the jury, the delinquent can build solid arguments to counter the accusation or make the jury question the prosecutor’s evidence. If the prosecutor fails to convince the jury beyond doubt that the minor engaged in a felony, it will find the alleged offender innocent. Again, the jury could be lenient with a minor, leading to a favorable sentence.

Another benefit is that plea deals are more prevalent in adult courts than juvenile ones, increasing the chances of charge reduction or dismissal.

Lastly, serious felonies face shorter penalties in adult courts than in juvenile courts. 

Removing Juvenile Strikes

After a true discovery or finding, you can remove a juvenile strike petition under WIC 782. Besides, you can also seal a sustained petition under WIC 781 to protect your minor from being haunted by their childhood mistakes in their adult lives.

Find a Competent Juvenile Delinquency Defense Attorney Near Me

The juvenile three strikes law must balance rehabilitation and protecting the public, something very challenging. The law seeks to dissuade particular delinquency levels but, unfortunately, punishes the juvenile. If your minor is in this situation, you should prioritize their rights and legal options by enlisting an experienced juvenile delinquency legal representative. At Monterey Criminal Attorney, we can help you and your minor navigate the complex processes and reduce the impact of juvenile strikes. Call us at 831-574-1791 to discuss your case.