In California, juvenile "strike" crimes under Welfare and Institutions Code (WIC) 707(b) refer to serious and violent felonies committed by minors aged 16 or older. These offenses can result in a juvenile being adjudicated as a "strike" under California's Three Strikes law and may also lead to the case being transferred to adult court.
Examples include murder, arson, robbery, rape, child molestation, kidnapping, and assault involving a firearm or significant bodily injury. WIC 707(b) "strike" crimes also include serious and violent offenses.
Any felony in which a minor personally uses a firearm or causes significant bodily injury qualifies as a strike.
Examples include residential burglary, carjacking, and arson resulting in serious injury or occurring in an occupied building.
To qualify, the minor must be at least 16 years old at the time of the offense. A juvenile court petition for one of these crimes can be considered a "strike."
Key Takeaways
- In California, the Three Strikes Law is a key law with significant effects on felony defendants. Passed in 1994, it requires that those convicted of three or more serious or violent felonies face much harsher penalties, such as life in prison.
- California is well-known for its strict "Three Strikes" sentencing law, but it has been updated since its enactment.
- Under this law, a conviction for three violent or serious felonies results in a sentence of 25 years to life in state prison for the third strike.
- In some cases, though not universally, a "juvenile strike" offense may be included as part of a 3-strike violation.
- Anyone who receives a second strike will face twice the original sentence for the underlying offense under this law.
- The purpose of this law is to lower repeat violent or serious crimes and to keep repeat offenders off the streets.
- The three strikes law can sometimes result in disproportionately harsh sentences for individuals, including juveniles at times.
- Under California law, juvenile offenders are usually handled by California's juvenile court rather than the adult criminal court.
- A juvenile is considered adjudicated with a sustained petition instead of being convicted. However, if the juvenile commits a serious or violent felony, it might count as a strike under the Three Strikes law.
- The list of crimes that qualify as strikes is broad, covering murder, robbery, specific sex offenses, and particular drug crimes.
Juvenile Criminal Proceedings
Juvenile criminal proceedings in California follow distinct laws and procedures that balance punishment and rehabilitation for young offenders.
Consequently, outcomes in juvenile crime cases often differ markedly from those in adult criminal cases. For example, juveniles usually do not have the right to a jury trial; instead, a judge decides the case.
Juvenile proceedings primarily emphasize rehabilitation over punishment. As a result, juveniles might be assigned counseling, placed on probation, or housed in a juvenile facility rather than face imprisonment.
Nonetheless, certain juvenile felonies can still count toward a 3-strike violation once the individual reaches adulthood.
Juvenile "Strike" Crimes in California
Juvenile "strike crimes" are offenses committed by minors that would be classified as serious or violent felonies under the Three Strikes Law if an adult committed them. These offenses are detailed in California's Welfare and Institutions Code (WIC) 707(b), which oversees juvenile delinquency cases.
A juvenile adjudication counts as a strike if the offense is labeled as a serious or violent felony in the California Penal Code. Examples of these offenses listed under WIC 707(b) include:
- Murder or attempted murder
- Robbery and carjacking
- Arson
- Kidnapping for ransom or robbery
- Assault with a deadly weapon
- Assault with a firearm or destructive device
- Assault using any method of force that could cause serious injury
- Drive-by shooting
- Discharge of a firearm into an inhabited or occupied building
- Rape or lewd or lascivious acts
- Other violent sexual offenses, such as forcible sodomy and forcible oral copulation.
- An offense described in Penal Code 12022.5 or 12022.53 PC
- A felony offense where the minor personally used a weapon as described in any provision listed in Penal Code 16590 PC.
- A felony offense specified in Section 136.1 or 137 of the Penal Code.
- Manufacturing, compounding, or selling a controlled substance as specified in Health and Safety Code 11055(e) HS
- A violent felony, as outlined in Penal Code 667.5(c) PC and Penal Code 186.22 PC
- Torture as outlined in Penal Code Sections 206 and 206.1 PC
- Aggravated mayhem, as defined in Penal Code 205 PC
- Voluntary manslaughter is defined under Penal Code 192(a) PC
- Under California Penal Code 18710 PC, possessing destructive devices or explosives without legal authorization is illegal.
- California Penal Code 18720 PC prohibits possessing materials to make destructive devices or explosives.
Suppose a juvenile is convicted of a "strike crime" under WIC 707(b). In that case, they can be made wards of the court and sentenced to a Division of Juvenile Justice Facility (DJF), also known as juvenile detention.
Although most juvenile offenses are erased from their record when they turn 18, a "strike crime" committed as a juvenile may still count as a strike if the person later commits a violent crime as an adult.
Juvenile Strike Counts as a Prior Strike
If you were convicted as a juvenile of a felony-level offense, known as a "juvenile strike" under WIC 707(b), prosecutors might try to have the court treat it as a prior strike when you turn adult if you are later charged with a "strike" crime.
According to California law, a juvenile strike can be regarded as a prior strike under the Three Strikes law if certain conditions are met:
- You must have been at least 16 years old when the offense was committed; otherwise, it cannot qualify as a strike.
- The juvenile court must have determined that you are a suitable and appropriate candidate for proceedings under the juvenile court law.
- The offense committed as a minor must be classified as a serious or violent felony under Welfare and Institutions Code 707(b), or it must be an otherwise serious or violent felony that the court considers equivalent to a 707(b) offense if the prosecution petitions for it.
- You must have been declared a ward of the court because of your crime.
This is why having an experienced juvenile criminal defense lawyer is essential if your child is charged with a serious or violent felony like homicide. Though the case is processed through the juvenile justice system, it can have lifelong repercussions.
A juvenile receiving a strike means that any serious felony conviction or guilty plea as an adult will lead to a doubled sentence—a third strike results in a prison term of 25 years to life. Contact our California criminal defense attorneys for a case review and to discuss legal options. Cron, Israels & Stark is based in Los Angeles, CA.
