Juveniles, like adults, can be charged with crimes that can carry drastic consequences for their future. However, unlike adults, there is not right to a jury trial in juvenile delinquency proceedings, putting the defense at a distinct disadvantage.
Certain sex offenses can require the minor to register for life under Penal Code section 290 as a sex offender under specific scenarios. Furthermore, if the crime which the minor is convicted is described under Welfare & Institutions Code section 707(b), the adjudication of such an offense can qualify as a Strike Prior when they become an adult under certain circumstances.. The following offenses can become Strike Priors if the minor commits another felony upon reaching adulthood, under certain circumstances:
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(4) Rape with force, violence, or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) 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.
(21) 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.
(22) 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.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
Cal. Welf. & Inst. Code § 707(b).
Fortunately, there are generally more opportunities for diversion programs, better types of expungements/sealings, and chances at probation for juveniles than for adults, if the minor is represented by an experienced criminal defense attorney who can take maximum advantage of these opportunities.
The knowledgeable, trial-tested attorneys at Honeychurch & Giambona have extensive experience in defending all types of juvenile offenses, and have achieved great results for their clients in these matters. If you are charged with any type of juvenile offense, whether misdemeanor or felony, do not hesitate to call Honeychurch & Giambona today for a free consultation to see how our effective attorneys may be able to help you achieve the best outcome for your case.