Individuals under the age of eighteen are considered too young to fully grasp the consequences of their actions. When a young person violates the law, the juvenile justice system rather than the criminal justice system handles their case. The state's juvenile courts prioritize rehabilitation over punishment. According to the legislation, juveniles should be given a second chance at life and ample time to reform their behavior.

The California three-strike law occasionally allows a juvenile conviction to impact an adult's sentence. If your sixteen- or seventeen-year-old child commits a serious felony, this could happen. To ensure that your child receives the best legal representation in court, it is important to hire a competent attorney. If you need a criminal defense attorney, you can reach out to us at the California Criminal Lawyer Group in Bakersfield.

What is Juvenile Delinquency?

California juvenile delinquency is defined as when a minor commits a crime. A minor is capable of committing two different types of crimes:

  1. Minors can commit status offenses due to their age, which do not result in severe penalties.
  2. Delinquent behavior. A delinquent act is a crime that a minor commits that would still be punishable as a crime even if the minor were older than eighteen. Therefore, the term "juvenile delinquent" refers to a minor who knowingly engages in delinquent behavior.

Adolescents accused under juvenile delinquency legislation face the possibility of losing if they commit an offense classified as a misdemeanor by the court. Depending on their age, the same youngster may face charges in adult courts if they commit a crime classified as a juvenile felony.

The following are some examples of juvenile delinquency crimes:

  • Vandalism.
  • Petty theft.
  • Trespassing.
  • Fighting.

If you are charged as a minor for delinquent behavior, you have the right to a trial in a courtroom. The outcome of your case will depend on the judge presiding over it and your decision to accept a plea deal. If the judge finds you guilty of the accusations, you may lose the case. The severity of the punishment will vary depending on the specifics of the offense and the court handling your case.

Understanding the California Three-Strikes Law

The three strikes legislation offers a punishment option for repeat offenders, covering the majority of violent and serious offenses in the state. This rule ensures that repeat offenders are subject to severe penalties, including longer sentences and reduced credit hours.

Under California's three-strike statute, a juvenile offense or felony conviction does not always count as a strike against you. However, if you commit a violent or significant offense while legally underage (sixteen or seventeen years old), it will result in a strike in the form of a felony conviction.

Even if you are 16 years old, the prosecution may sometimes file charges against you in an adult criminal court. If you commit the crime while under the age of eighteen, your case will be heard in an adult court of law.

If your crime is deemed serious enough and you are over the age of 16, a prosecutor has the authority to transfer your case to an adult criminal court. If the allegations against you involve a severe or serious offense, you will face an adult judgment when the prosecution brings charges in the adult criminal court. A conviction in this court will result in a strike on your record.

When Does A Minor Commit A Felony Crime And Receive A Strike?

WIC 707(b) lists juvenile strikes, which are crimes that fall under California's three-strikes statute. The court will consider your minor offense as a strike against you when:

  • The offense is listed under California WIC 707(b).
  • You commit the felony when you are at least sixteen years old.
  • You commit an offense that falls under the violent or serious felony categories under the California penal code.

Requirements for the California Three-Strike Law

If you meet specific requirements, a juvenile felony will count as one of your three strikes under California WIC 707(b). However, any conviction for a juvenile felony must meet these requirements for it to qualify as a strike against you.

To ensure that your punishment is considered a strike, the prosecution must establish the following to the satisfaction of the court, beyond any reasonable doubt:

Nature

The prosecution needs to demonstrate that the offense falls under California PC 667. 5 or PC 1192. 7 and is classified as a violent and serious felony. Another way to classify the violation is under WIC 707(b). If the prosecution can demonstrate that the offense may result in a conviction and count as an adult strike, it will be sufficient for it to be recorded as a strike on your record.

Age

The prosecution should demonstrate that the minor committed the offense when they were at least sixteen years old. This means that at the time of the offense that led to your conviction, you had to be at least 16 years old. If you are found guilty of a crime you committed before turning sixteen, it cannot be considered a strike against you once you reach sixteen and beyond.

If you were 16 or older when you committed a crime, you can be convicted under a California statute that requires the minor to be older than 16 at the time of the offense. However, even if you are 16 years old or older at the time of the conviction, the prosecution cannot use the fact that you committed the offense before turning 16 as evidence against you.

Fit

To have your case heard in a juvenile court, the prosecution must establish your suitability and appropriateness. According to California WIC 602, to be deemed a ward of the state and eligible for adjudication in juvenile courts, you must have violated federal or state laws before turning eighteen.

According to California WIC 707b, the court has the authority to determine if you are unfit to appear in juvenile court and if you would not thrive in any juvenile treatment, training, or care settings. The following factors will influence the court’s decision:

  1. Prior History Of Delinquency

The juvenile courts' previous rehabilitation programs' success rate.

  • The severity of the offense that the prosecution is bringing against you.
  • How complex your crime was.
  • The specifics and gravity of your most recent offense.
  • If the rehabilitation of the minor can be completed before the jurisdiction period of the juvenile court ends.

If the court determines that you are not suitable to be convicted in a juvenile court, you will be tried in an adult criminal court.

  1. Court Ward

A guardian appointed by the court to assume full responsibility for and look after you is known as a ward of the court. Due to the crime you committed, the court has the authority to appoint a guardian for you.

Examples of Misconducts by Juveniles That Are Considered Strikes

In California, a minor can commit multiple violations, each of which will count as a strike against them. These strikes are considered violent and serious offenses and include:

  • Sexual offenses such as child molesting.
  • Actual and attempted murder.
  • Arson that causes serious physical injury or occurs in an occupied building.
  • Voluntarily causing someone’s death.
  • Firing a gun into a populated structure.
  • Kidnapping with intent to commit sexual assault.
  • Stealing a car.
  • Kidnapping for a ransom that involves a violent crime that inflicts serious physical harm.
  • Robbery at home.
  • A violent crime occurs when a minor injures others by using weapons, such as guns.
  • Assault involves the use of a gun or any other lethal weapon that causes harm to individuals.
  • Lewd behavior or actions.
  • Rape that results in serious bodily harm, violence, and force.
  • Violent offenses.
  • Certain crimes connected to gangs that encourage gang activity.
  • Forced sexual relations.
  • A violent offense committed against an individual who is elderly or disabled, aged 60 or above.
  • Influencing or swaying witnesses.
  • Certain drug-related offenses involve minors participating in the production, mixing, and distribution of restricted substances.
  • Escaping a county facility and causing harm to one of the staff members there.

The age difference between the offender and the victim will determine the court's decision. Additionally, the actions of the child accused during the commission of the crime are also significant factors.

Out-of-State Conviction

If you have a felony conviction from another state, it's important to consider that if the offense you committed is considered a serious California felony, it may be counted as a strike against you.

Even if you committed an offense in a jurisdiction where it is not considered a strike against you, you may still have a California strike record. Even if another state has cleared your record based on their laws, your previous conviction may still be considered a strike under California's PC 667. 5 and PC 1192.7.

The California three-strikes legislation grants the court the power to utilize previous evidence against an individual, resulting in severe penalties. If you have committed recent juvenile offenses, the prosecution's evidence can lead to a strike on your record from the juvenile court. While it is uncommon for a minor to accumulate three strikes, if they commit a crime as an adult, the strike received during their juvenile years can be applied against them.

Penalties for Juvenile Delinquency

The primary objective of the California juvenile justice system is to rehabilitate juveniles who have committed offenses. However, it's important to note that rehabilitation does not absolve a juvenile of responsibility for their misdeeds. The purpose of sentences is to punish the offender rather than seek revenge on the child.

The following penalties may apply, in part or in full:

  • Entering a probationary period.
  • Going to a youth ranch, hall, or camp.
  • Serving time in a juvenile correctional facility.
  • Taking classes on victim impact.
  • Payment of court fines.
  • Community service.
  • Placements in foster homes.

If you are found guilty of any serious crime while you were underage, it will be considered one strike against you. If you accumulate three strikes, you may be sentenced to life in prison.

Effects of Juvenile Strikes

Receiving a juvenile strike can lead to your conviction in the following ways:

  • Your case will be heard in an adult criminal court.
  • If you are prosecuted as an adult, you will face severe punishments.
  • Incineration within a Juvenile Justice Facility (JJF) or Youth Authority division.

The confinement in DJF will occur during the following period:

  • You've committed a serious sexual crime.
  • Your recent offense is included in the WIC 707(b) list.
  • Once you have become a ward of the juvenile court.

As a minor, even a single strike can have a detrimental effect on you. The conviction can be used against you as a legal adult, potentially resulting in a longer term. If you have a previous juvenile strike in your situation as an adult, then:

  • At the time of the crime, you were considered a minor, which is defined as being 16 years of age or older.
  • At the time of the conviction, the court had made you its ward.
  • You either committed a serious crime or an offense covered by WIC 707(b).

In juvenile law, there is an intriguing twist to three-strike laws. If you have a history of robbery strikes and then commit a non-strike felony, that non-strike felony may be considered a second strike against you. For example, if you were convicted of robbery as a juvenile and later robbed someone else as an adult, the prosecution could double up your conviction. This is due to the first strike.

If the prosecution manages to convince the court to double your two-year sentence, you'll be looking at a four-year term behind bars if you're found guilty of the robbery charge.

Plea Bargains

Your defense lawyer can negotiate a plea with the state's attorney regarding your charges. A judge may also be involved in this agreement between the prosecutor and your defense lawyer. You have the right to request that the same magistrate who granted you admission also preside over your case.

Transfer Hearing

Juvenile offenders can be transferred to an adult court to face trial for juvenile strike charges. The judge determines whether the offender is eligible for juvenile court during a fitness hearing. If a WIC707 offense or a felony charge at the age of sixteen deems the young offender unfit for juvenile court, they may be tried in an adult court.

The judge at a transfer hearing can take into account the following factors:

  • The potential for the juvenile to undergo rehabilitation before the court's jurisdiction expires.
  • Past incidents of delinquency.
  • The results of previous rehabilitation attempts.
  • Relevant facts regarding the current crime.

The prosecutor can file an adult charge against the child if it is determined that they are not suitable for juvenile court. Charging someone as an adult comes with benefits such as the right to a trial by jury, the opportunity to enter into a plea agreement, and reduced punishments for serious felonies. On the other hand, juvenile courts offer advantages such as fast court proceedings, no contact with convicted adult offenders, and the potential expungement of a juvenile's criminal record.

Can You Get Your Strike Dismissed?

Under WIC 781, it is possible to have your juvenile strike records sealed. However, if you choose not to seal your prior juvenile records, they can be used against you in an adult court, putting you at risk. WIC 782 provides the option to have your strike dismissed after a factual determination.

Once your juvenile records are sealed, they are no longer legally accessible. Your records are not accessible to the public. Sealing your records helps reduce the stigma associated with having a previous criminal record. You can confidently state that you have never been arrested, have no criminal record, and have no sealed records if your juvenile record is sealed.

Exhibits, arrest reports, probation records, and any court records related to a crime you committed when you were young are all considered components of your criminal record.

The Procedure for Eliminating Juvenile Strikes

In California, the expungement of juvenile strikes is allowed based on the nature of the offense. However, it is impossible to erase a juvenile strike if:

  • When the accused person was 14 years of age or older, he or she committed the offense.
  • The minor has to register as a sex offender.
  • If WIC 707(b) lists a serious sexual crime as the reason for the strike.
  • WIC 707(b) lists the following as serious sex offenses:
  • Rape is committed through the use of force, threats of force, or even physical harm.
  • Oral copulation that involves violence, threats of violence, or bodily injury.
  • PC 288 lists lewd acts as those involving the use of force, threats of physical harm, or violence. This includes sodomy.

All other strike offenses are eligible for removal, but the records will remain intact. If you commit additional felonies in the future, the probation office, prosecution, or juvenile court may still have access to view them. The removal of someone's records is subject to the court's approval or rejection.

Juvenile Strikes That Can Be Expunged

A minor who has been found guilty of an offense and given a strike may request the court to expunge or remove the charge. For this to happen, the minor needs to do the following:

  • To participate, individuals should be at least eighteen years old and have completed their probation.
  • To be eligible, you should be 21 years old and have completed the supervision of the Department of Juvenile Justice (DJJ).
  • Permit the necessary duration to elapse before sealing a record.
  • Have violated a California law that permits record sealing.

To protect your privacy and image, it’s important to keep your juvenile records sealed. If you fail to do so, the court may reject your request. Additionally, it is crucial to avoid committing any further offenses as an adult.

The court cannot seal your juvenile records due to the following circumstances:

  • As an adult, you could be found guilty of a crime involving moral turpitude, such as murder or sexual offenses.
  • After being found guilty in an adult criminal court, you received an adult conviction.

The Advantages of Sealed Juvenile Records

If the court grants your request to have your records sealed, you will enjoy the following advantages:

  • You won't have to worry about your juvenile records working against you when you apply for work. Employers are typically hesitant to hire individuals they believe have a juvenile record.
  • You won't be required to disclose your juvenile record. Therefore, you can inform potential employers, licensing authorities, and property owners that you have never been found guilty of a crime.
  • Even if your documents are sealed, the government and the armed forces will always have access to them.

The Process of Sealing a Juvenile Record

Under WIC 781, you have the option to request the sealing of your juvenile record. The process usually takes about eight to ten months to complete. In the jurisdiction where your conviction occurred, you would need to submit your petition to a California juvenile court. While your attorney can handle the application and represent you in court, there may be instances where the judge requests an interview with you.

When your lawyer files a petition, the judge will schedule a hearing. During the hearing, the judge will consider the evidence you have presented, along with any other relevant material. Based on this, the judge will decide whether to grant or refuse your request to have your records sealed, including your juvenile record.

When the court grants your request to have your records sealed, they will copy this order and instruct other entities with access to or custody of your juvenile records to also seal their records.

Find a Bakersfield Juvenile Delinquency Lawyer Near Me

If a minor is charged with an offense, they could have to go through a long and complex legal process. This can adversely affect their studies and overall quality of life. Moreover, the outcomes of a juvenile offense can have a lasting impact on their future. Therefore, it is crucial to hire a committed lawyer who can fight for your child's rights and ensure that they receive the best possible outcome in their case. Also, you should consider engaging a lawyer who is knowledgeable about juvenile courts. If you're in Bakersfield, the California Criminal Lawyer Group has experienced attorneys who can help you. Call us today at 661-750-8230.