When can minors be tried as adults in California?

In California, minors who were under 16 at the time of the alleged offense generally cannot be tried as adults. Minors aged 16 or 17 can be transferred from juvenile court to criminal court only if:

• they are accused of a qualifying felony offense and the prosecutor seeks a transfer to adult court; and
• the juvenile court judge allows the transfer after holding a “fitness hearing.”

If a child was 14 or 15 at the time of a WIC 707(b) offense and was not apprehended until after juvenile court jurisdiction would otherwise have expired, the case may proceed in adult criminal court.

Minors tried as adults face severe punishments upon conviction, including jail or prison time. In contrast, California’s juvenile justice system focuses on rehabilitation over punishment.

In this article, I discuss what you need to know about juveniles being tried as adults in California.

What are WIC 707(b) offenses?

In California, many of the most serious juvenile cases involve offenses listed in California Welfare and Institutions Code 707(b) WIC. These are commonly called WIC 707(b) offenses.

WIC 707(b) offenses include the homicide offenses of murder and voluntary manslaughter. They also include the following violent offenses:

• aggravated mayhem,
• assault likely to produce great bodily injury, or with a firearm or destructive device,
• attempted murder,
• carjacking while armed,
• causing an explosion to commit murder,
• discharge of a firearm into an inhabited building,
• drive-by shooting,
• kidnapping with bodily harm, for ransom, sexual assault, or robbery, or during a carjacking,
• robbery,
• torture,
• using a firearm or deadly weapon for a felony,
• using force and causing an injury while escaping confinement,
• violent crimes against seniors, and
• violent felony offenses while with a gang.

WIC 707(b) also includes the following sex crimes:

• rape through force, violence, or threat,
• sodomy or oral copulation through force, duress, menace, or threat,
• lewd acts on a child or dependent, and
• forcible acts of sexual penetration with a foreign object.

Finally, WIC 707(b) offenses also include:

• arson,
• intimidating or bribing a witness, and
• manufacturing or selling certain controlled substances.

Remember, just because a 16- or 17-year-old is accused of a felony or WIC 707(b) offense does not automatically mean they will be transferred to criminal court. The judge also has to approve the transfer at a fitness hearing, which is more likely if the crime involves aggravating circumstances such as:

• causing serious bodily injury,
• gang activity,
• lying in wait, premeditation, or extreme recklessness,
• torture, and
• using weapons.¹

A fitness hearing is where juvenile court judges determine whether to transfer juveniles to criminal court in California.

The Fitness Hearing

The fitness hearing, also known as a transfer hearing, is where a California juvenile court judge decides whether a 16- or 17-year-old is “fit” for the juvenile justice system or should be transferred to criminal court.

The prosecutor initiates a transfer hearing by filing a motion in juvenile court. For 16- and 17-year-olds, the prosecutor may seek transfer if the minor is accused of a qualifying felony offense. At the hearing, both the prosecution and defense have the opportunity to present arguments and evidence.

In deciding whether to transfer a 16- or 17-year old child to adult court, the juvenile court judge will weigh five factors:

1. the degree of criminal sophistication that the child showed during the criminal offense,
2. whether rehabilitation is likely before the child turns 18,
3. the child’s prior history of juvenile delinquency,
4. whether prior rehabilitation has worked, and
5. the circumstances and seriousness (“severity and nature”) of the alleged offense.²

The juvenile probation officer also prepares a report for the judge to consider, which includes background information such as the child’s school records, behavioral history, and social history.

In In re O.F., the California Court of Appeal reviewed a juvenile court’s decision to transfer a 16-year-old murder suspect to adult court under WIC 707. The court discussed the five statutory transfer factors and reaffirmed that a juvenile may be transferred only when the prosecution proves by clear and convincing evidence that the minor is not amenable to rehabilitation while under juvenile court jurisdiction.³

In our experience, transfers are relatively uncommon in California. According to the California Department of Justice, in 2024 there were 32 fitness hearings, which resulted in 10 juveniles being transferred to adult court. That year, 28,981 juveniles were arrested.⁴

Minors ages 16 or 17 can be transferred to adult court in California if the prosecutor seeks transfer and the judge grants it after a fitness hearing.

Juvenile Court vs. Adult Court

One key difference between juvenile and adult courts in California is that in juvenile court, there are no juries. The judge makes all the decisions.

In addition, minors cannot be “convicted” or “found guilty” in juvenile court like they can in a criminal case. Instead, the juvenile court judge “sustains the petition” by the district attorney.

Finally, juvenile court aims to rehabilitate children through rehabilitation, counseling, and community service. Detention in a juvenile hall is last resort, though even in custody children receive treatment to help them get back on track for adulthood.

Although adult court also offers alternative sentencing through probation and diversion programs, there is more of an emphasis on punishment in the form of fines and jail or prison sentences. Plus, a conviction results in a criminal record, which can prevent the minor from being accepted to college or certain professions.

The most severe punishment in juvenile court cases is detention in a juvenile hall.

Recent Changes in California Law

The age at which a minor child can be tried as an adult for a crime in California has changed several times in the past few years.

In 2000, California voters passed Proposition 21, which:

• gave prosecutors the discretion to try minors under the age of 18 as adults and
• required prosecutors to try minors 14 or older as adults for certain crimes, like murder and serious sex crimes.⁵

In 2016, Proposition 57 repealed Prop 21 and gave juvenile court judges the discretion to transfer minors 14 or over to adult court.

In 2018, Senate Bill 1391 went into effect. This new law:

• generally forbade prosecutors from trying a minor as an adult if they were under 16 at the time of the offense, unless they were not apprehended until after juvenile court jurisdiction would otherwise have expired,
• clarified which offenses could lead to a minor being tried as an adult, and
• required the juvenile court judge to agree to transfer the minor to adult court.⁶

In 2021, the California Supreme Court ruled that Senate Bill 1391 merely amended – and did not violate – Prop 57.⁷ This is where the law stands now.

Very few juveniles get transferred to adult court in California.

Frequently Asked Questions

Who decides whether a minor is tried as an adult in California?

A juvenile court judge decides whether a minor is transferred to adult criminal court. Police officers do not make this decision, and prosecutors cannot directly file the case in adult court.

Instead, the prosecutor must file a transfer motion, and the judge decides the issue after a fitness hearing.

What does the prosecutor have to prove at a fitness hearing?

To transfer a minor to adult court, the prosecutor must prove by clear and convincing evidence that the minor is not amenable to rehabilitation while under juvenile court jurisdiction. If the judge orders transfer, the judge must explain the reasons for finding that juvenile court rehabilitation is insufficient.

What does the probation officer include in a transfer report?

When the prosecutor seeks transfer, the juvenile court orders the probation officer to prepare a report about the minor’s behavioral patterns and social history. The report may include school records, family history, behavioral history, prior rehabilitation efforts, and any victim statements permitted by law.

What personal factors can help keep a minor in juvenile court?

Judges may consider factors such as the minor’s age, maturity, intellectual capacity, mental and emotional health, childhood trauma, family and community environment, peer or adult pressure, and whether the minor was a victim of human trafficking, sexual abuse, or sexual battery.

These circumstances may support a finding that the minor can still be rehabilitated within the juvenile justice system.

What happens if a minor is tried as an adult and convicted?

If a minor is tried as an adult and convicted, they face adult criminal penalties, which can include lengthy jail or prison sentences. Depending on the circumstances, they may also be housed in adult custody after turning 18. This is one reason defense attorneys often fight to keep juvenile cases in juvenile court, where rehabilitation is the primary goal.

Additional Resources

You can find help and guidance at the following:

• Center of Juvenile and Criminal Justice – A nonprofit with the mission of reducing society’s reliance on incarceration as a solution to social problems.
• Ella Baker Center Books Not Bars Campaign – An organization that works to shift resources from punishment and towards rehabilitation.
• Youth Law Center – Advocates working to transform foster care and juvenile justice systems.
• Juvenile Law Center – Nonprofit, public interest law firm working to lessen the harm of the child welfare and justice systems.

Legal References