Carthage, MS asked in Criminal Law for Mississippi

Q: Can a person under 13 yrs of age be charged with a crime in MS? Specifically a felony.

In the case of Buddy the dog, the sheriff stated a minor under 13yrs can't be charged with a crime, but on your page someone asked about a 12 yr old and it was said that yes they can be charged with their crime and taken to jail. What was done to Buddy was a felony offense and the boy should be charged even if as a juvenile. There is nothing in MS statue 97-41-16 that says a minor can't be charged.

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1 Lawyer Answer
Arthur Calderon
Arthur Calderon
PREMIUM
Answered
  • Criminal Law Lawyer
  • Cleveland, MS
  • Licensed in Mississippi

A: It really depends. Typically, a minor can be charged with a felony, but where they end up depends on what the underlying crime is. If it is non-violent, the minor will typically go to youth court; however, if it is a violent crime, it will typically go to circuit court. Regardless, assuming that there is a defense attorney involved, the lawyer should do everything they can to either keep it in youth court or get it sent back to youth court.

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