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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112775
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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This subject involves a 17-year-old juvenile being dispostioned,

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This subject involves a 17-year-old juvenile being dispostioned, for his first offense, in juvenile court for an attempted robbery charge. It stemmed from a shoplifing incident that went bad. Howerver, there was no weapon involved, no gang activity, and not directed toward the elderly or disabled, Basically, he defended himself from an over-zealous security guard.

I understand that adults can be subject to the 3-Strikes Law in California, referring to violent & serious felonies. From what I also understand, juveniles, too, are subject to the 3-Strike rule for violent & serious felonies, pursuant to W&I Code 707(b). When reading W&I Code 707(b), attempted robbery is not listed, but it is listed in other Penal Codes as it relates to adults.

However, I’m trying to determine specifically for the charge of attempted robbery (PC 664/211) if it be considered a strikeable offense for a juvenile? I have not been able to find evidence yet to support affirmation of such. Might you know one way or the other?
A juvenile adjudication for attempted robbery did not qualify as a prior strike conviction within the meaning of the three strikes law because it is not an offense listed in Welfare and Institutions Code section 707, subdivision (b). See: People v. Lang (Cal. App., 2010)


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Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for the case law! And thank you for your answer.

Thank you very much.