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Some Juvenile Felony Convictions Can Be Counted Under California’s “Three Strikes” Law

The mistakes made when we’re young can have lasting consequences long after we’ve grown up. Many juvenile convictions can in fact be counted later in life as one of the “three strikes” that can lead to some of the most severe penalties available under California’s Penal Code.

Under California Penal Code 667(d)(3)(a), a juvenile felony conviction (called a “juvenile sustained petition”) is an offense that constitutes a strike for adult purposes under California’s “Three Strikes Law” if the following three conditions are met:

  1. The conviction counts as a strike under the California Penal Code definitions of violent or serious felony;
  2. The crime is listed in California Welfare and Institutions Code 707(b); and
  3. The person was at least 16 years of age when the offense occurred.

The full list of juvenile convictions that can count as a strike is lengthy, but includes the following juvenile offenses:

  • Murder
  • Arson
  • Robbery
  • Rape with force, violence, or threat of great bodily harm
  • Sodomy by force, violence, duress, menace, or threat of great bodily harm
  • A lewd or lascivious act
  • Kidnapping
  • Assault
  • Voluntary manslaughter

Any plea agreement or sentence that includes a juvenile offense which is considered a strike in adult court will be placed in the juvenile’s file and can be used against them in the future if they are later convicted of another applicable offense in adult court.

Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418