San Jose, CA asked in Criminal Law for California

Q: Does California criminal law recognize leap year birthdays?

I was convicted as an adult but my actual birthday is February 29th so can I argue I'm not an adult?

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James L. Arrasmith
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Answered

A: In California criminal law, the determination of adulthood for legal purposes, including the prosecution of crimes, is based on the age of the individual at the time of the offense, not on the specific date of birth in terms of leap years. This means that if you were 18 years old or older by the date of the alleged offense, you would be considered an adult in the eyes of the law. The occurrence of a leap year birthday, such as February 29th, does not alter the calculation of your age for legal purposes.

For individuals born on February 29th, legal and official documents typically recognize February 28th or March 1st as the observance date in non-leap years for the purpose of legal rights, responsibilities, and age determination. Therefore, arguing that you are not an adult based solely on a leap year birthday would not likely be a successful defense in a criminal case if you were 18 years old or older at the time of the offense according to standard age calculation methods.

If you believe there has been a misinterpretation of your age at the time of the offense or if there are other substantial legal questions regarding your conviction, it may be beneficial to consult with a legal professional. They can provide guidance on any potential avenues for appeal or review of your case based on the specifics of California law and the details of your situation.

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