California “Three Strikes Law” and How It Affects Your Child Facing a Juvenile Petition
Many minors and their parents are unaware that the California’s “Three Strikes Law” can have harsh consequences for minors facing Juvenile Petitions. Not all minors are subject to the penalties of the Three Strikes Law, but it is absolutely important to know if your minor is because of its impact. Listed below are the factors that must be proven in order for your minor to have “strikes” placed on their record. The strikes placed on their record as a juvenile can be used against them as an adult.
Under California Penal Code 667(d)(3)(a), a juvenile felony conviction is an offense that constitutes a strike for adult purposes if:
- You are 16 years or older at the time you commit the offense;
- The offense is considered a serious or violent felony as listed under California Penal Code 1192.7 or 667.5.
- You are found to be a fit and proper subject to be dealt with under juvenile court law.
- You are determined to be a ward of the court because you committed an offense listed under section 707 of the California Welfare and Institutions Code.
If these four elements are met, then any plea agreement or sentence after hearing that includes offenses that are considered strikes in adult court will be placed in the minor’s file and can be used against them in the future in adult court. The reason this is extremely important is that typically juvenile offenses are not considered when determining an adult’s sentence, but Penal Code 667(d)(3)(a) changes this general rule. So, it is extremely important to fully understand the consequences of accepting any plea, if your case fits the factors laid out above.
To give more clarification on what constitutes “an offense that is considered a serious or violent felony as listed under California Penal Code 1192.7 or 667.5”, here are several examples are crimes that fit this description: murder; mayhem; rape; arson; carjacking; grand theft with a firearm; first degree burglary; robbery; and most sex offenses. This list is not exhaustive but merely to provide an idea of the type of crimes that constitute “serious” and “violent” felonies.
The attorneys at The Haynes Law Firm, APLC can work with you and your child to preserve their future. Call us today at (833) 526-5197.
Crista Haynes is the principal attorney at The Haynes Law Firm, APLC and is highly experienced in the areas of family law, criminal defense and estate planning.