Minimum Age

Minimum Age Defense in Georgia

Georgia, among many other states, has a statute outlining what age a person an be guilty of a crime. Georgia's age is 13, which means that anyone under the age of 13 cannot be found guilty of a crime. If you or a loved one believes that someone has been wrongfully charged and should be acquitted of their charges based on their age, contact the office of Lawson and Berry and their team of Georgia Criminal Defense Attorneys today. We are here 24/7 to answer any question and to get a jump-start on your case.

Georgia Law on Minimum Age 

O.C.G.A §16-3-1 states that a person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime 

Furthermore, the age of the person must be their biological age, not their mental age. Couch v. State, 253 Ga. 764, (1985).

This statute does not imply that a person under 13 years old is not capable of committing a crime; it just raises a defense that protects them from the consequences of committing a crime. Sorrells v. Miller, 218 Ga. App. 641, (1995). 

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