Legal Question in Criminal Law in California

My son is facing a 707(b) charge and is being offered a deal that would result in a strike. What would be the sentence on that type of charge if he went to trial and lost. He's 17 years old and faces a fitness hearing if he doesn't take the deal.


Asked on 10/29/10, 9:57 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Welfare & Institutions Code 707(b) is not a charge; it's a list of offenses that are considered the most serious in juvenile court. If a minor in juvenile court is found to have committed a 707(b) offense, it can be used as a prior "strike" conviction in future adult felony prosecutions.

It's impossible to tell what might happen without more information. The offenses in 707(b) range from some that carry a maximum of three years, up to murder, which can be a life sentence.

If your son admits the offense as a minor, he may receive probation, or he could be committed to the Division of Juvenile Justice (formerly know as the California Youth Authority, or CYA) until his 25th birthday, or until he has served the maximum time for the offense, whichever comes first.

If he's found fit to be tried as an adult, he could be sent to state prison. If he's charged with an offense with a potential life sentence, he might not be eligible for parole for many years.

It should be obvious that a stranger on the Internet can't give you meaningful advice whether your son should take this deal. His lawyer has all of the information and is far more qualified to answer your question than someone who doesn't know the strength of the prosecution's case -- or even the charges your son is facing.

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Answered on 11/08/10, 1:57 pm


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