Charged with PC 666; but first conviction was as a minor.

Asked almost 5 years ago - Fresno, CA

If you are charged as above and the first conviction was 4 years prior is is possible the charge could be dropped to a misdemeanor? My son was convicted as a juvenile when he was 15 and placed on probation. He is being charged at the age of 19 and the value of the property was under $200.

Attorney answers (1)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . PC 666 is what we call a wobbler which means that it can be charged either as a felony or a misdemeanor. A juvenile adjudication is not considered a crime although since your son didn't have the records sealed on reaching 18, it can be considered in charging. Your son's attorney should know the rules applicable. As PC 666 requires a prior conviction, and your son doesn't have one, I'd argue that the felony charge is wrong. In fact a misdemeanor 666 may be the wrong charge if you disregard the juvenile adjudication.

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