The law is very specific in answering the question of what crimes can juveniles get tried as adults for in California.
But just because they can be tried as adults, that doesn’t mean they automatically will be tried as adults. There is a process. There are procedures that must be followed.
Every case is unique. So, even if your child has been accused of a crime on the following list, a judge may decide to keep the case in juvenile court.
It’s always best to get an experienced juvenile defense attorney on your side as soon as possible if your child finds themselves in trouble. But this is especially true for any of the following charges.
Crimes that Juveniles can Get Tried as Adults for in California
The CA Welfare and Institutions Code Section 707(b) lists specific crimes that qualify to be transferred to adult court. They are:
- Arson (Penal Code Section 451, subdivision (a) or (b))
- Rape with force, violence, or threat of great bodily harm
- Sodomy with force, violence, or threat of great bodily harm
- Lewd or lascivious acts (Penal Code Section 288, subdivision (b))
- Oral copulation by force, violence, duress, menace, or threat of great bodily harm
- Sexual offense specified in Penal Code Section 289, subdivision (a)
- Kidnapping for ransom
- Kidnapping for purposes of robbery
- Kidnapping with bodily harm
- Attempted murder
- Assault with a firearm or destructive device
- Assault by any means of force likely to produce great bodily injury
- Discharge of a firearm into an inhabited or occupied building
- An offense against a senior or disabled person as specified in Penal Code Section 1203.09
- A felony offense involving a firearm described in Penal Code Section 12022.5 or 53
- A felony offense in which the minor personally used a “generally prohibited weapon” described in any provision listed in Penal Code Section 16590
- A felony offense against a witness or victim of a crime described in Penal Code Section 136.1 or 137
- 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.
- A violent felony, as defined in Penal Code 667.5 subdivision (c), which also would constitute a felony violation of Penal Code Section 186.22 subdivision (b)
- Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of WIC Section 871 subdivision (b) if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
- Torture as described in Penal Code Sections 206 and 206.1
- Aggravated mayhem, as described in Penal Code Section 205
- Carjacking, as described in Penal Code Section 215, while armed with a dangerous or deadly weapon.
- Kidnapping for purposes of sexual assault, as punishable in Penal Code Section 209 subdivision (b)
- Kidnapping associated with carjacking as punishable in Penal Code Section 209.5
- The offense of a discharging a firearm from a motor vehicle at another person as described in Penal Code Section 2610 subdivision (c)
- The offense involving destructive devices and explosives described in Penal Code Section 18745
- Voluntary manslaughter, as described in Penal Code Section 192 subdivision (a)
Help is Here
If your child has been charged with any of the crimes on this list, it’s scary. We get it. And we’re here to help.
Sally Vecchiarelli understands the juvenile court system. She has dedicated her practice to defending children. And, as a mother, she also understands your parental need to protect your child.
If you need to hire a juvenile defense attorney to represent your child and protect their future, contact us today for a free consultation.
And in the meantime, you might find additional helpful information in these resources: