California Three Strikes Laws Penal Code 667 PC
Juvenile Crimes may Count as Strikes – California Penal Code 667(d)(3)(a) PC
Under California Penal Code section 667(d)(3)(a), a prior juvenile felony conviction may act as a strike on your record for purposes of California’s Three Strikes Law. In order for a prior juvenile conviction to count as a strike, the prosecution must show the following:
- You were 16 years or older at the time you committed the prior offense
- The prior offense was considered a serious or violent felony as listed under California Penal Code sections 1192.7 or 667.5
- You were found to be a fit and proper subject to be dealt with under juvenile court law
- You were determined to be a ward of the court because you committed an offense listed under section 707 of the California Welfare and Institutions Code
16 Years or Older at the Time of the Offense
In order for your prior juvenile felony conviction to act as a strike on your criminal record, you must have been 16 years or older at the time of the offense. This means you must have been 16 years or older at the time you committed the act giving rise to the conviction, rather than at the time you were actually convicted or adjudged a ward of the court. If you were under 16 years of age at the time you committed the offense, but were later convicted of the crime when you were 16 years or older, the conviction cannot count as a strike because you were younger than the statutory age requirement at the time offense was committed.
Juvenile Crime Considered a Serious or Violent Felony
Your prior juvenile conviction can act as a strike if it considered a serious or violent felony offense as listed under California Penal Code sections 1192.7 or 667.5. These offenses can range from assault with a deadly weapon to murder. As long as the offense could have counted as a strike if you were convicted as an adult, it will likely be sufficient to act as a strike on your record.
Fit and Proper Subject of the Juvenile Court (WI 707)
In order for your juvenile conviction to act as a strike, you must have been found to be a fit and proper subject to be dealt with in juvenile court. According to California Welfare and Institutions Code section 602, you are considered under the jurisdiction of the juvenile court and may be adjudged a ward if you were less than 18 years of age at the time you violated any state or federal law other than a curfew ordinance.
Under California Welfare and Institutions Code section 707, you are NOT a proper subject to be dealt with in juvenile court if the court concludes that you would not be amenable to the care, treatment, and training programs available through the facilities of the juvenile court, based upon an evaluation of the following criteria:
- The degree of criminal sophistication you exhibited
- Whether you can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction (Generally, the juvenile court’s jurisdiction will end upon reaching the age of 21. However if you are convicted of a 707(b) offense such as robbery or rape, the court’s jurisdiction can last until you are 25 years of age)
- Your previous delinquent history
- The success of previous attempts by the juvenile court to rehabilitate you
- The circumstances and gravity of the offense you are alleged to have committed
The court will make the determination of whether you are a fit and proper subject to be dealt with under the juvenile court’s jurisdiction based on any combination of these factors. If it is determined that you are not a fit and proper subject for the juvenile court, you will likely be tried as an adult.
Offense is Listed Under Section 707 of the California Welfare and Institutions Code
Your prior juvenile conviction must also be a type of offense listed under section 707 of the California Welfare and Institutions Code. These offenses include:
- Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code
- An offense specified in subdivision (a) of Section 289 of the Penal Code
- Kidnapping for ransom
- Kidnapping for purposes of robbery
- Kidnapping with bodily harm
- Attempted murder
- Discharge of a firearm into an inhabited or occupied building
- An offense described in Section 1203.09 of the Penal Code
- An offense described in Section 12022.5 or 12022.53 of the Penal Code
- A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code
- A felony offense described in Section 136.1 or 137 of the Penal Code
- Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code
- A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code
- Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape
- Torture as described in Sections 206 and 206.1 of the Penal Code
- Aggravated mayhem, as described in Section 205 of the Penal Code
- Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon
- Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code
- Kidnapping as punishable in Section 209.5 of the Penal Code
- The offense described in subdivision (c) of Section 26100 of the Penal Code
- The offense described in Section 18745 of the Penal Code
Contact your Wallin & Klarich Lawyers Experienced in Juvenile Crimes and Three Strikes Laws
If you have a prior juvenile crime conviction on your record, it is important to understand whether or not it can act as a strike under California’s Three Strikes Law. At Wallin & Klarich, our attorneys have over 40 years of experience in handling both juvenile and adult criminal cases and are well prepared to provide you with the best representation possible.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, we have helped a wide range of clients secure the best possible outcome when facing prosecution under California’s Three Strikes Law.
Call our talented and professional defense attorneys today at (877) 4-NO-JAIL. We will be there when you call.