California Three Strikes Defense Lawyers – California penal code 667

Three Strikes Law – Prior Juvenile Convictions – California Penal Code section 667 

 

 

 

Under the Three Strikes law, prior juvenile felony convictions may qualify as a prior strike. Under California Penal Code section 667(d)(3)(A) a prior juvenile conviction will qualify as a prior strike, for purposes of sentence enhancement, if:

1. The juvenile was 16 years of age or older at the time he or she committed the prior offense.
2. The prior offense is a violent or serious felony; (See California Penal Code section 667.5 and 1192.7.)
3. The juvenile was found to be a fit and proper subject to be dealt with in juvenile court.
4. The juvenile was determined to be a ward of the juvenile court.

Prior Juvenile Offense

One of the ways that a prior juvenile offense can qualify as a prior strike is if the prior juvenile conviction was a violent or serious felony (See California Penal Code section 667.5 and 1192.7.) In addition, if the prior offense falls under California Welfare and Institutions Code section 707(b), the prior offense will qualify as a strike. Most of the offenses listed in California Welfare and Institutions Code section 707(b) contain the same offenses as defined under California Penal Code sections 667.5 and 1192.7 as a serious or violent felony.

Juvenile was fit and proper subject for juvenile court

Under California Welfare and Institutions Code section 707, a juvenile is not found to be a fit and proper subject to be dealt with in juvenile court if the court concludes that the minor would not be open to the care, treatment, and training program available through the facilities of the juvenile court, based upon an evaluation of the following criteria:

1. The degree of criminal sophistication exhibited by the minor.
2. Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction.
3. The minors previous delinquent history.
4. Success of previous attempts by the juvenile court to rehabilitate the minor.
5. The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

A juvenile court’s determination that the minor is not a fit and proper subject to be dealt with under the juvenile court law will be based on any combination of the above factors.

Juvenile determined to be a ward of the court

Pursuant to California Welfare and Institutions Code section 602, any person who is under the age of 18 years when he or she violates any law of this state or of the United States which is defined as a crime other than a curfew ordinance based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court.