How Juvenile Murder Cases Are Treated in California

The treatment of juveniles charged with murder depends on several factors, including the age of the defendant, the nature of the crime, and the discretion of the court. While the juvenile justice system is generally designed to rehabilitate minors rather than punish them, certain murder cases can be transferred to adult criminal court, where the penalties are far more severe.

1. Juveniles in the Juvenile Justice System

In most cases, minors accused of crimes are handled within the juvenile justice system, which focuses on rehabilitation rather than incarceration. Juvenile courts can impose sentences that aim to reform the youth and reintegrate them into society, with a particular emphasis on education, therapy, and community programs.

Potential Consequences in Juvenile Court:

• Incarceration in a juvenile facility until the minor turns 25 (in some cases) under Welfare and Institutions Code 602.
• Probation, including terms such as mandatory counseling, community service, or placement in a group home.
• Diversion programs that allow the juvenile to avoid formal charges and criminal records if they successfully complete certain conditions.

Juvenile court judges often have significant discretion to tailor the penalties based on the minor’s background, mental health, and capacity for rehabilitation. Standard Defenses Still Apply.

2. Juveniles Tried as Adults

While California generally prefers to try juveniles in juvenile court, there are situations where a minor—particularly one accused of a serious crime like murder—can be tried as an adult. This can occur under Proposition 57, passed in 2016, which gives judges the power to decide whether a juvenile should be transferred to adult court based on the severity of the crime and the juvenile’s potential for rehabilitation.

Factors Considered for Transfer to Adult Court:

• Age of the juvenile: Under California law, minors as young as 14 years old could have been tried as adults for certain serious crimes, including murder (Welfare and Institutions Code 707). However, that has since changed. See Below.
• Seriousness of the crime: The more serious the crime, the more likely it is that the prosecution will seek to have the case moved to adult court. Murder charges, particularly those involving special circumstances or aggravating factors, are more likely to be transferred.
• Criminal history: If the juvenile has a history of violent or serious offenses, this can weigh in favor of trying the case in adult court.
• Rehabilitation prospects: Judges are tasked with assessing whether the minor is likely to benefit from rehabilitative efforts in the juvenile system. If rehabilitation is deemed unlikely, adult court becomes more likely.

Penalties in Adult Court:

If a juvenile is tried as an adult, they face the same penalties as an adult convicted of murder, which can include:

• 25 years to life in prison for first-degree murder.
• Life without parole (LWOP) in cases involving special circumstances under Penal Code 190.2.
• Gang enhancements or firearm enhancements that could add years to their sentence (Penal Code 186.22 and Penal Code 12022.53).

Minors tried as adults are housed in a juvenile facility until they turn 18, at which point they are transferred to an adult prison to serve the remainder of their sentence.

How Gomez, Radford, & Rome Can Help: Juvenile Murder Defense Strategies

Defending a juvenile accused of murder requires a specialized approach that combines a deep understanding of criminal law with a keen awareness of juvenile psychology, brain development, and the nuances of California’s juvenile justice system. At Gomez, Radford, & Rome, we approach each case with the following strategies:

1. Challenging Transfer to Adult Court

One of the most important goals in a juvenile murder case is to prevent the case from being transferred to adult court. We aggressively challenge the prosecution’s motion to transfer by presenting compelling evidence that the juvenile is capable of rehabilitation within the juvenile system.

2. Emphasizing Mental and Emotional Development

We often work with psychological experts to show that the juvenile’s mental and emotional development played a key role in the alleged offense. Juveniles’ brains are still developing, particularly in areas related to impulse control and decision-making, which can impact their culpability.

3. Leveraging Mitigating Factors

Our defense strategies involve identifying and presenting mitigating factors, such as the juvenile’s background, mental health, and lack of prior criminal history. We work to show the court that rehabilitation is possible, and that the minor should remain in the juvenile system rather than face adult penalties.

4. Challenging Evidence

Even in cases where video footage or eyewitness testimony seems damning, we aggressively challenge the prosecution’s evidence. Our experience in high-profile cases means we know how to handle the media, manage public perception, and keep the focus on the facts rather than sensationalism.