As an adult, it can be traumatizing to be arrested and charged with a particular crime. But what about if you were a minor? The experience of being handcuffed, funneled through criminal proceedings, and possibly being sentenced to a rehabilitation center can be extremely frustrating. Apart from this traumatizing experience, think about how it would be when a minor is tried as an adult and has to face severe consequences for the crimes he or she has committed.
In California, minors can be tried and sentenced as adults for committing certain crimes. Trying and convicting a child as an adult can be devastating, hence the need to hire a professional criminal defense attorney right away. A good lawyer would help you navigate the situation that your child has found himself or herself in and possibly have the charges dismissed or reduced to less severe charges. Contact us at The Los Angeles Criminal Defense Attorney and let us help you in the best possible way.
What You Need to Know About Juvenile Delinquency and Juvenile Delinquency Court
When a minor commits a crime, they can be guilty of two types of offenses. If minors committed the crime based on their age, this becomes a status offense. Status offenses are relatively minor offenses and do not carry severe penalties.
On the other hand, if a particular action counts as a crime for a suspect aged 18 years or older, it will still be considered a delinquent act if committed by a juvenile. Most of these crimes are usually misdemeanors and includes:
- Vandalism
- Petty theft
- Trespassing
- Fighting
Juvenile Delinquency Court in California
Juvenile delinquency court is dedicated to handling crimes committed by minors, whether they are felonies or misdemeanors. This kind of court also handles status offenses like curfew violation or truancy.
The Los Angeles Superior Court (Juvenile Division) is responsible for overseeing juvenile delinquency court, juvenile dependency court, and informal juvenile courts. This court handles cases for minors aged 12 to 17 years and certain minors below 12 years old.
Juvenile court is not part of the California criminal law system but part of the civil law system. Court proceedings in these courts can sometimes be referred to as "Section 602 proceedings" since Section 602 of the California Welfare and Institution Code governs the delinquency proceedings.
Since juvenile courts deal with minors, there are a few different things that you expect. For instance, the terms "guilty" and "innocent" are not used, but the judge uses the phrase "sustain the petition" to refer to a guilty conviction. These courts also rely on the term "disposition" while referring to the available sentences. The lowest form of “disposition” is informal probation while the highest form of disposition is a commitment to the California Youth Authority (CYA), a form of prison for minors.
Another common term used in this court is "wards of the court." This term means that the court will be taking over the primary responsibility of treatment and control of a minor even when serving probation at home. Minors can also be placed in foster care, county probation camps, and group homes.
Ideally, dispositions should rehabilitate minors rather than punish them for their crime, which is the adult system's philosophical goal. Therefore, you would expect kids to undergo treatment, be educated, and be involved in activities that would help them move away from their criminal behaviors and turn out as productive citizens.
However, it does not mean that juvenile delinquency courts entirely overlook punishment. Particular sanctions might be imposed on minors designed for disciplining. These includes:
- Community service
- Placement in a foster home
- Attending victim impact class
- Paying fines and restitution
- Committing to a juvenile ranch or hall
- Committing to the California Youth Authority
Fitness Transfer Hearing to Transfer a Juvenile Case to an Adult Court
As stated above, there are specific types of juvenile cases that are transferred to the adult courts. Judges usually decide whether to transfer a juvenile case to an adult court in a fitness or transfer hearing. In a fitness hearing, the judge will look at five factors to determine whether the minor is "fit" to be transferred to an adult court. These factors include:
- The extent of crime committed by the minor
- Whether or not the juvenile can be rehabilitated before the juvenile court jurisdiction expires
- A previous criminal history of the minor
- The success of prior attempts to rehabilitate the minor
- The gravity and circumstances of the alleged offenses
Once the judge has taken note of the factors mentioned above, they will check whether the minor can benefit from the rehabilitative services authorized by the delinquency court. The prosecutor can decide on a transfer hearing if:
- The minor is aged 16 years or older and has allegedly committed a felony crime listed in California Welfare and Institution Code 707(b)
- The suspect was 14 or 15 years when he or she allegedly committed the offense specified in Welfare and Institution Code 707(b), and the minor was not arrested until he or she was 18 years
Transfer hearing takes place between detention and adjudication hearing. A detention hearing is the first court hearing that minors should attend. Even if a child has been released on home supervision, a minor is still considered in custody and should attend a detention hearing.
On the other hand, an adjudication hearing is when the judge decides if the minor has violated a law and whether the allegations are true or sustain the petition. It is equivalent to a court ruling in an adult court process.
Please note, minors can challenge a transfer decision. However, this should be done within twenty days after the first arraignment of the alleged crimes.
Crimes that a Minor can be Tried in an Adult Court
California Welfare and Institution Code Section 707 indicates that a prosecutor can decide on a transfer hearing when a minor is charged for committing one of the crimes specified in Welfare and Institution Code Section 707(b). Under this section, the types of crimes that can make a minor's case to be shifted to an adult court are as follows:
- Arson that caused significant bodily injury on the victim or caused damage to an inhabited property
- Murder
- Rape with violence, force, or caused significant bodily injury
- Sodom by force
- Lewd act on a minor below the age of 14 with violence, force, or significant physical injuries
- Forcible sexual penetration
- Attempted murder
- Oral copulation
- Assault with a destructive device or firearm
- Assault using force and would likely significant bodily injury
- Kidnapping with the intention of robbery
- Dissuading or bribing a witness
- Manufacturing, selling or compounding more than a half-ounce of a controlled substance specified under the Health and Safety Code 11055
- A felony crime which involves the use of a weapon listed Under California Penal Code 16590(a)
- Shooting at an occupied or inhabited building
- A felony crime that would constitute an attempt to further the activities of a street gang
- Escaping from a forestry camp, juvenile hall, camp, or ranch using violence of force. This also involves causing significant bodily injury intentionally on someone employed in the juvenile facility
- Carjacking
- Torture
- Voluntary manslaughter
- Kidnapping to sexually assault the victim
- Aggravated mayhem
- Exploding a destructive device to commit murder
- Kidnapping during a carjack
Please note, minors are not eligible for death penalties in California and the United States at large. This became evident in 2005, during the Roper v. Simmons’s case. This case determined that holding a death penalty to a minor is cruel and violates the 8th Amendment.
Further, The Supreme Court also clarified in the Graham V. Florida case that minors are not eligible for a sentence to life without parole.
Potential Punishments for Offenses that Minors Are Tried as Adults
Once a minor has been determined to be tried in an adult court, he or she will face the potential consequences and disability associated with the alleged crimes under the Welfare and Institution Code 707(b). These consequences are as follows.
Penalties for Murder in California
Potential penalties for murder in California depend on whether the crime was a first-degree, capital, or second-degree murder. For a first degree murder, the potential punishment includes 25-years-to-life in state prison. This crime also carries life without the possibility of parole (LWOP) but does not include in a transferred minor case.
Capital murder is the most severe homicide charge in California. The potential punishment includes:
- Death penalty with the choice of using a lethal gas or deadly intravenous substance
- Life imprisonment without the possibility of parole
Both the penalties mentioned above are not applicable in a minor's case transferred to an adult court. Therefore, the court will resolve to other penalty options related to the murder. Finally, second-degree murder carries 15 years-to-life in state prison. However, other factors like shooting from a vehicle and causing severe bodily injury increase the sentence to 20 years to life.
Penalties for Arson in California
The specific penalties or arson depend on the property burned and whether someone suffered a burn injury. Therefore, you would expect the penalties to be as follows:
- 16 months, 2, or 3 years in state prison for arson on a personal property
- 2, 4, or 6 years in state prison for arson on forest land or structure
- 3, 5, or 8 years in prison for arson caused in an inhabited property to burn
- 5, 7, 9 years in prison for arson that caused significant bodily injury
Penalties for Robbery in California
The penalties for robbery depend on whether the crime is a first or second-degree robbery. For a first degree robbery, the potential penalties include:
- Formal or felony probation
- A maximum fine of $10,000
- 3, 4, or 6 years in prison
For a second-degree robbery, the potential penalties include:
- Felony probation
- 2, 3, or 5 years in the state prison
Penalties for Rape with Violence, Rape, and Threat of Significant Bodily Injury
Rape is a California felony offense. The potential punishment includes:
- A maximum of eight years in state prison
- Felony or formal probation
There is a possibility of facing an additional three to five years in prison if the alleged victim suffered significant bodily injuries while commissioning the offense. Prison time can also increase to 11 years if the victim was a minor below 18 years old and 13 years if the victim was below 14 years.
Penalties for Sodomy in California
The potential penalties for unlawful sodomy in California depend on the nature of the specific act. However, sodomy is usually charged as a wobbler, meaning it can be charged as a misdemeanor or a felony.
If you are convicted of misdemeanor sodomy, the potential penalties include:
- A maximum of one year in county jail
- A maximum fine of $1,000
For a felony conviction, the potential penalties include:
- 16 months, 2, or 3 years in the state prison
- A maximum fine of $10,000
Penalties for Lewd Act on a Minor below 14 Years in California
The potential penalties for lewd act on a child below 14 years by the use of threat and force include:
- 5,8, or 10 years in state prison
- A maximum fine of $10,000
If a minor was harmed, there are severe penalties that might follow. These include:
- 25 years to life for personally inflicting bodily harm on a victim below 14 years
- A life sentence if the act involves personally inflicting bodily injuries on a victim below 14 years
- Five years of sentence enhancement if the action inflicted significant bodily injury
Penalties for Oral Copulation by Force, Violence, and with the Possibility of Causing Significant Bodily Harm in California
Oral copulation by force or fear is a California felony. The potential penalties include:
- Formal or felony probation
- 3, 6, or 8 years in the State prison
- A maximum fine of $10,0000
If the alleged victim is a minor below 18 years when the offense occurs, the potential sentence increases. In this case, you may face:
- 6,8, or 10 years in prison if the victim was 14 years or older
- 8,10, or 12 years in prison if the victim was under 18
Penalties for Forcible Sexual Penetration in California
The penalties for forcible sexual penetration in California include:
- Formal and felony probation
- 3,6, or 8 years in the state prison
- A maximum of $10,0000
If a minor was involved in the forcible penetration, the potential punishment increases to:
- 6, 8, 10 years in prison if the victim was 14 years or older
- 8,10, or 12 years in prison if the victim was under 14 years
Penalties for Kidnapping for Ransom in California
The kind of penalties that result from kidnapping varies depending on whether the kidnapping was simple or aggravated. For simple kidnapping, the potential penalties include:
- 5, 8, or 11 years in the state prison if the victim was below 14 years
- Imprisonment in the state prison with the possibility of parole if the alleged victim was kidnapped for ransom, reward, and to commit robbery
Penalties for Attempted Murder in California
The penalties for attempted murder depends on whether the crime was a first or second-degree murder. In a first-degree attempt, a murder conviction carries a potential sentence of:
- Life imprisonment in the state prison
- The possibility of parole
In second-degree attempted murder, the potential punishment includes 5, 7, or 9 in prison. There are additional penalties that might be included, such as:
- Victim restitution
- A maximum fine of $10,000
Penalties for Assault with Firearm or Destructive Device in California
Ideally, the penalties for assault with a deadly weapon is a wobbler offense. However, you can be charged for a felony offense if a destructive weapon like a semi-automatic firearm, assault weapon, or a 50 BMG rifle was used. This attracts a potential penalty that includes:
- Imprisonment for a maximum of 4 years
- A maximum fine of $10,000
- Felony or formal probation
Penalties for Shooting at an Occupied or Inhabited Building in California
The potential penalties that a minor can face for shooting at an inhabited or occupied building are as follows:
- Formal or felony probation
- Six months to one year in county jail or 3, 5, or 7 years in state prison
- A maximum fine of $10,000
Penalties for Dissuading or Bribing a Witness in California
Tampering with a witness is a wobbler offense in California. A felony charge's potential punishment includes a maximum of four years of custody in the state prison and a maximum fine of $10,000.
On the other hand, bribery of a witness is a California felony offense. This means that the potential penalties include custody in the state prison for a maximum of four years.
Penalties for Torture in California
Torture is a felony offense in California. The potential punishment includes a life sentence in the state prison with the possibility of parole. The reason for severe sentencing for torture in California is not mainly due to the extreme pain experienced by the victim but because the defendant has the intention to inflict pain on the victim for a sadistic purpose.
Penalties for Aggravated Mayhem in California
Aggravated mayhem is a California felony offense. Therefore, the potential punishment includes imprisonment in the state prison for life with the possibility of parole.
Penalties for Voluntary Manslaughter in California
If a minor is sentenced for voluntary manslaughter as an adult, the potential penalties include 3, 6, or 11 years in the state prison. A conviction for this offense can also trigger the following sentences:
- A possible strike on your record according to California's three-strike law
- A maximum fine of $10,000
- Mandatory attendance of counseling service like anger management classes
- Community service like Caltrans
Penalties for Possessing Destructive Devices in California
Possession of a destructive device is a wobbler offense in California. The potential penalties for a felony conviction include:
- 16 months, 2 or 3 years in the state prison
- A maximum fine of $10,000
You could face an enhanced punishment if you committed this offense in a public location like a highway, college, church, private residence, or public transport. This includes 3, 4, or 6 years in prison.
Penalties for Carjacking in California
The penalties for a carjacking that involves causing great bodily injury on the victim is six years of prison custody apart from the consecutive sentence received for carjacking conviction.
If the carjacking intended to benefit a street gang, this minor would automatically attract 15 years to a life prison sentence.
Penalties for Drive-by- Shooting in California
Drive-by-shooting can be charged as a misdemeanor, wobbler, or a straight felony. If charged as a wobbler, a felony charge attracts a potential punishment of imprisonment in the state prison for a maximum of three years and a fine of $10,000. If you are convicted with a straight felony, the potential punishment includes a maximum of seven years in prison and a maximum fine of $10,000.
Penalties for an Offense Against a Disabled or Someone Over 60 years in California
Abuse of a disabled or an elderly can be a misdemeanor or a felony. For a felony elder abuse, the potential punishment includes imprisonment in state prison for a maximum of four years, a maximum fine of $10,000, and restitution.
Find a Juvenile Delinquency Attorney Near Me
The thought of being tried and convicted as a child can be traumatizing. Your child does not deserve to go through the hustle of adult sentencing, whereas there are less severe alternatives that you can pursue and achieve. You cannot achieve this unless you hire an experienced and professional attorney.
At the Los Angeles Criminal Defense Attorney, we ensure that our clients enjoy the best legal services for every legal situation that they find themselves in. We will diligently work hard and employ our experience to ensure that you get the best possible results. For more information, contact us at 310-564-2605 and schedule an appointment.
