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

Posted on April 25, 2016

The mistakes made when we’re young can have lasting consequences long after we’ve grown up. Many juvenile convictions in Alameda County, California 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 Alameda County 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.

If you or your child has been charged with an Alameda County criminal offense, the consequences can be far-reaching and sever in the event of a conviction. Don’t take chances with your future. Call one of our experienced Alameda County, California criminal defense attorneys today to discuss your case.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.