The Juvenile Three Strikes Law can present a serious challenge if your child is facing the possibility of a strike. The impact of a juvenile strike can be far-reaching, affecting your child's education, employment prospects, and overall life opportunities.

At California Criminal Lawyer Group, we recognize the fears and concerns you may face when your child is at risk of facing a strike under the Juvenile Three Strikes Law. We specialize in defending the rights of juveniles facing strikes under the Three Strikes Law. Our experienced team of defense attorneys in Fresno is committed to ensuring that every child's voice is heard and their rights are vigorously protected.

What is the California Three Strikes Law?

The California Three Strikes Law is a legal provision enacted in 1994 with the aim of combating repeat offenders and ensuring public safety. Under this law, individuals convicted of serious or violent felonies face enhanced penalties and longer prison sentences if they have prior convictions for qualifying offenses.

The law operates on the principle of ‘three strikes,’ where a defendant with two or more previous convictions for serious or violent felonies faces significantly harsher penalties upon conviction for a new felony offense. The third qualifying offense triggers mandatory sentencing of 25 years to life in prison, regardless of the severity of the new offense.

The key elements of the Three Strikes Law include:

  • First Strike — Upon conviction of a serious or violent felony, the offender receives a ‘strike’ on their criminal record.
  • Second Strike —If an individual with one prior strike is convicted of a new serious or violent felony, they face mandatory imprisonment twice the term dictated by law for the current offense. For example, a sentence of five years for the new offense becomes ten years.
  • Third Strike — The most significant impact of the law occurs with a third qualifying offense. A defendant who has two or more prior strikes and is subsequently convicted of any new felony, regardless of its severity, is subject to a mandatory sentence of 25 years to life in prison.

The Three Strikes Law was initially intended for adult offenders but was expanded to include juvenile offenders in subsequent legislation. Juveniles who accumulate strikes under the law face severe consequences that can adversely affect their future opportunities, including educational pursuits, employment prospects, and personal relationships.

The implementation of the Three Strikes Law has faced criticisms and debates regarding its effectiveness, fairness, and potential for disproportionately impacting certain communities. However, it remains a significant component of California's criminal justice system.

The Meaning of a Juvenile Strike

A juvenile strike, under the Juvenile Three Strikes Law, refers to a prior qualifying offense committed by a juvenile that is counted as a strike on their criminal record. Like the adult Three Strikes Law, the juvenile version imposes enhanced penalties and consequences for repeat offenses.

When a juvenile is convicted of a serious or violent felony, it may be classified as a strike offense. If the juvenile is subsequently convicted of another qualifying offense, it will be counted as a second strike. Likewise, if the juvenile commits a third qualifying offense, it will be counted as a third strike.

The consequences of juvenile strikes can vary depending on the circumstances and the individual's criminal history. Accumulating strikes can lead to more severe penalties and longer periods of incarceration. For instance, a third strike offense can result in mandatory sentencing of 25 years to life in prison, regardless of the seriousness of the new offense.

Note that the Juvenile Three Strikes Law takes into account offenses committed as juveniles and those committed as adults when determining strike counts. Strikes obtained as a juvenile can have long-lasting effects on a person's criminal record and future prospects.

Key Differences Between the California Three Strikes Law and the Juvenile Three Strikes Law

The California Three Strikes Law and the Juvenile Three Strikes Law share similarities in their objectives of addressing repeat offenses and ensuring public safety. However, there are key differences between the two laws, particularly in how they apply to adult and juvenile offenders.

Here are the main distinctions:

  • Age — The California Three Strikes Law applies to adults who commit qualifying offenses. In contrast, the Juvenile Three Strikes Law specifically pertains to individuals who commit offenses while juveniles (under 18).
  • Sentencing and penalties — Under the California Three Strikes Law for adults, a third strike offense triggers a mandatory sentence of 25 years to life in prison, regardless of the severity of the third offense. In contrast, the Juvenile Three Strikes Law does not automatically impose a mandatory life sentence for a third strike committed as a juvenile. However, it can still have significant consequences and impact the sentencing of subsequent offenses if the individual continues to accumulate strikes into adulthood.
  • Strike classification — In the adult Three Strikes Law, any serious or violent felony can be classified as a strike offense, regardless of the individual's criminal history. On the other hand, the Juvenile Three Strikes Law incorporates a narrower list of qualifying offenses for juveniles, typically focusing on serious and violent offenses.
  • Parole eligibility — Another notable difference is parole eligibility. Under the California Three Strikes Law for adults, individuals with two or more strikes must serve at least 80% of their sentence before becoming eligible for parole. For juvenile offenders facing strikes, parole eligibility can vary depending on the specific circumstances and the court's discretion.

What is the Impact of a Juvenile Strike?

The impact of a juvenile strike can be significant and far-reaching for both the juvenile offender and their future prospects. Here are some key aspects to consider:

  • Legal consequences — A juvenile strike can lead to enhanced penalties and consequences for subsequent offenses. Suppose a juvenile offender accumulates strikes under the Juvenile Three Strikes Law. In that case, it can result in more severe sentences, including longer periods of confinement at the Division of Juvenile Justice Facility (DJF) and probation, restricted parole eligibility, and limited opportunities for rehabilitation.
  • Educational opportunities — A juvenile strike on a criminal record can affect a young person's educational opportunities. It may impact their ability to enroll in certain schools, receive financial aid, or pursue specific educational programs or career paths that have restrictions on individuals with criminal records.
  • Employment and career prospects — A strike on their record can significantly hinder a juvenile's employment prospects. Many employers conduct background checks, and a strike conviction can make it challenging for individuals to secure employment, particularly in fields that require background screenings or have strict hiring policies.
  • Professional licensing and certifications — Certain professions and occupations require individuals to obtain licenses or certifications. A strike on a juvenile's record may hinder acquiring such credentials, limiting their ability to pursue certain career paths.
  • Stigma and social impact — The impact of a juvenile strike goes beyond legal and professional consequences. It can lead to social stigma, affecting relationships, community acceptance, and self-esteem. Juveniles with strikes may face discrimination, barriers to social integration, and challenges in building a positive future.
  • Long-term criminal record — Juvenile strikes can have implications beyond the juvenile justice system. If a juvenile reoffends as an adult, their strikes obtained as a juvenile can be considered during adult sentencing, potentially leading to even more severe penalties under the adult Three Strikes Law.

Given the potential long-term ramifications, parents must seek legal representation for their children facing a strike. Experienced defense attorneys specializing in juvenile defense can advocate for the best possible outcome, explore alternative sentencing options, and work towards rehabilitation and mitigating the impact of strikes on a juvenile's future.

How Are Strikes Counted for Juvenile Offenders?

Here is an overview of how strikes are counted for juveniles:

  • First Strike — When a juvenile is convicted of a qualifying offense, it is counted as their first strike. The offense must meet the criteria outlined in the law, typically involving serious or violent felonies. The conviction is recorded on the juvenile's criminal record.
  • Second Strike — If a juvenile offender with one prior strike is convicted of another qualifying offense, it is counted as their second strike. This means that the juvenile has accumulated two strikes on their record. The penalties and consequences for the second strike can be more severe than for the first strike.
  • Third Strike — If a juvenile with two prior strikes is convicted of a new qualifying offense, it is counted as their third strike. This is a significant milestone. Although not mandatory, the judge may impose an incarceration term of 25 years to life, regardless of the severity of the third offense. The third strike carries the most severe penalties and consequences.

Remember, strikes obtained as a juvenile can carry over and impact sentencing if the individual reoffends as an adult. Adult strikes can be added to the existing juvenile strikes, potentially resulting in more severe penalties under the adult Three Strikes Law.

Criteria for Classifying Offenses as Strikes

The criteria for classifying offenses as strikes under the Juvenile Three Strikes Law involve certain qualifying offenses that are considered serious or violent felonies. The specific offenses classified as strikes are outlined in the California Welfare and Institutions Code, Section 707.

Here are some examples of offenses that are commonly considered strikes for juveniles:

  • Murder and manslaughter — Offenses involving the unlawful killing of another person, such as first-degree murder, second-degree murder, voluntary manslaughter, or involuntary manslaughter.
  • Robbery — Offenses involving the use of force or fear to take someone's property directly from their person or immediate presence.
  • Kidnapping — Offenses involving the unlawful taking, detention, or concealment of another person against their will.
  • Assault with a deadly weapon — Offenses involving the use of a deadly weapon or force likely to produce great bodily injury against another person.
  • Rape and sexual assault — Offenses involving non-consensual sexual acts, including rape, forcible sexual penetration, or other sexual assault offenses.
  • Arson — Offenses involving the willful and malicious burning or setting fire to property.
  • Carjacking — Offenses involving the taking of a motor vehicle from another person using force or fear.
  • Certain weapons offenses — Offenses involving possessing or using specific dangerous weapons, such as firearms or explosives.

Plea Bargaining of a Juvenile Strike

Plea bargaining is a negotiation process between the prosecution and defense in a criminal case. During plea bargaining, the defendant agrees to plead guilty or no contest to certain charges in exchange for concessions or a reduced sentence.

However, when it comes to juvenile strikes, the plea bargaining process can be complex due to the serious nature and potential consequences of strike offenses. In California, the ability to plea bargain in cases involving juvenile strikes is limited by law.

The Juvenile Three Strikes Law restricts the ability to negotiate or dismiss strikes as part of a plea agreement. This is to ensure that repeat offenders face the intended consequences of the law and to deter future criminal behavior.

However, there may still be opportunities for plea bargaining in certain circumstances. While strikes themselves cannot be negotiated, it may be possible to negotiate the charges for the current offense or seek alternative sentencing options that mitigate the impact of the strikes.

This can involve negotiating for reduced charges or seeking diversion programs, rehabilitation, or community-based alternatives to incarceration. If the defense attorney successfully negotiates for a reduced charge which is not a violent or serious felony, the juvenile offender will not receive a strike on their criminal record.

The specific options for plea bargaining and alternative sentencing in cases involving juvenile strikes can vary depending on factors such as the severity of the offense, the juvenile's criminal history, and the court's discretion. It is crucial to work with experienced criminal defense attorneys specializing in juvenile defense to navigate the plea bargaining process effectively and explore the options to secure the best possible outcome for the juvenile offender.

Prosecution of Minors in an Adult Court

A juvenile offender facing a strike under the Juvenile Three Strikes Law will most likely be transferred to an adult court. The prosecution of minors in an adult court, also known as ‘juvenile waiver’ or ‘transfer to adult court,’ is a legal process in which a juvenile offender is tried as an adult instead of being adjudicated in the juvenile justice system.

Prosecution in adult court is often reserved for older juveniles, typically those above a certain age (e.g., 16 or 17), who have committed serious or violent offenses. A juvenile fitness hearing may be conducted to determine if a minor should be transferred to adult court. Factors considered may include the nature and circumstances of the offense, the juvenile's prior criminal history, age, maturity, and potential for rehabilitation.

The decision to transfer a minor to adult court is typically made by a judge. If a minor is prosecuted and convicted in adult court, they may face more severe penalties than if they were adjudicated in the juvenile justice system. This can include longer sentences, incarceration in adult correctional facilities, and the potential lifelong impact of an adult criminal record.

Sometimes, the prosecutor may file the criminal charges directly in an adult court. Prosecutors have the power to bypass the traditional juvenile court proceedings and charge the minor directly in an adult court.

Is Deferred Entry of Judgment (DEJ) Available for Juvenile Strikes?

Deferred Entry of Judgment (DEJ) is not available for juvenile strikes. Deferred Entry of Judgment is a specific program that allows eligible individuals, typically first-time non-violent offenders, to participate in rehabilitative programs, complete certain requirements, and have their charges dismissed upon successful completion.

However, DEJ is not applicable to offenses that fall under the Juvenile Three Strikes Law. The Juvenile Three Strikes Law imposes strict penalties for repeat serious or violent offenses committed by juveniles. It focuses on accountability and the potential for enhanced sentences rather than diversion programs like DEJ.

Can Juvenile Strikes be Removed?

Juvenile strikes in California can potentially be removed or dismissed under certain circumstances. California Welfare and Institutions Code 782 allows for the dismissal of a juvenile petition after a true finding. This section serves as a general dismissal statute and is akin to a Romero motion under Penal Code 1385, which allows for the dismissal of strikes in adult court. A successful petition for dismissal can result in the removal of a strike from a juvenile's record.

Additionally, California Welfare and Institutions Code 781 allows for the sealing of juvenile records. When a juvenile record is sealed, it restricts public access to the record. It may also prevent the use of prior juvenile convictions as circumstances in aggravation during adult court sentencing.

It is crucial to consult with experienced criminal defense attorneys specializing in juvenile defense to understand the requirements, procedures, and potential eligibility for dismissal or sealing of juvenile strikes. These attorneys can guide individuals through the process and help advocate for the best possible outcome in seeking the removal or sealing of juvenile strikes.

Strategies and Options for Juvenile Defense

Defending a juvenile facing a potential strike under the Juvenile Three Strikes Law requires a strategic and comprehensive approach. Here are some strategies and options that may be employed in defense of a juvenile facing a potential strike:

  • Early intervention — Engage legal representation as early as possible to ensure adequate case evaluation, investigation, and preparation time. The earlier the defense team gets involved, the more opportunities they have to build a strong defense strategy.
  • Challenging the strike classification —The minor’s attorney will scrutinize the prior offenses classified as strikes. The defense may seek to remove the strike if there are grounds to challenge the classification of a prior offense as a strike, such as a legal error or inaccuracies in the record.
  • Gathering evidence and investigating the case — The minor’s attorney will conduct a thorough investigation to gather evidence that supports the defense's position. This can involve interviewing witnesses, examining forensic evidence, reviewing police reports, or engaging experts when necessary. The goal is to identify weaknesses in the prosecution's case or uncover evidence that supports the juvenile's defense.
  • Assessing constitutional issues — The defense will evaluate whether the juvenile's constitutional rights have been violated during the arrest, questioning, or search and seizure processes. If constitutional violations are identified, the defense may seek to suppress evidence or challenge the admissibility of statements made by the juvenile.
  • Presenting mitigating factors — The defense will highlight any mitigating factors that may lessen the severity of the offense or demonstrate the juvenile's potential for reform. This can include factors such as the juvenile's age, immaturity, lack of prior criminal history, positive character references, involvement in community activities, or efforts toward rehabilitation.
  • Collaborating with other professionals — The defense will work closely with experts, such as psychologists, social workers, or rehabilitation specialists, who can provide assessments, evaluations, or testimony that support the defense's arguments regarding the juvenile's rehabilitative potential.
  • Negotiating with the prosecution — The defense may engage in plea negotiations with the prosecution to seek reduced charges, dismissal of certain counts, or a favorable plea agreement that mitigates the potential consequences of the strike offense. The defense can present compelling arguments and evidence to persuade the prosecution to consider alternative options.

Every case is unique, and the specific strategies employed will depend on the facts, circumstances, and strengths of the defense. It is crucial to work with experienced criminal defense attorneys specializing in juvenile defense who can tailor a defense strategy to the individual needs of the juvenile and work tirelessly to protect their rights and pursue the best possible outcome.

Find a Fresno Juvenile Delinquency Lawyer Near Me

Our experienced attorneys at California Criminal Lawyer Group in Fresno understand the intricacies of the Juvenile Three Strikes Law and are equipped to guide you through the legal process. We are committed to protecting your child's rights and working tirelessly to seek the best possible outcome for their case.

Our goal is not only to defend against the potential consequences of a strike but also to advocate for your child's future. We are here to provide you with unwavering support and expert legal representation. Call us today at 559-712-8377 for a free consultation.