Juvenile Delinquency

The Juvenile Delinquency Code can be found in Chapter 119 Section. 52-84 of the Massachusetts General Laws. Chapter 119 governs the care and protection of vulnerable children, as well as juvenile delinquencies. The Massachusetts Department of Youth Services (DYS) is the state’s juvenile justice organization, to whom juveniles may be committed to custody up to the age of 18, or in a Youthful Offender case, to age 21. The DYS defines a juvenile delinquent is “between “7 and 17 years old who has committed a felony, a misdemeanor, or violated a city ordinance or town by-law.” 

Massachusetts law states that delinquency complaints against youth are not criminal proceedings. Instead, specific procedures for the hearing of juvenile offenses have been created under Mass. Gen. Laws. Chapter 119 and are “designed to treat [youth] as children in need of aid, encouragement and guidance, rather than as criminals.” Reporters’ Notes, Mass. R. Crim. P. 8. When the police file criminal charges against someone under the age of 18, the case is prosecuted in Juvenile Court. A child over the age of 7 can be charged with a variety of different crimes, ranging from minor misdemeanors up to homicides and murders. 

For juveniles with a prior Department of Youth Services (DYS) commitments, and you commit a firearm crime, a violent crime, or a violent threat, then the government can attempt to sentence you with adult-level penalties. For instance, an adult charging with assault and battery with a dangerous weapon could face a maximum of ten years in State Prison. On a youthtful offender prosecution for assault and battery with a dangerous weapon, the child could similarly face up to ten years in prison. Another notable difference is that unlike juvenile delinquency cases, youthful offender proceedings are open to the public and the media. 

Almost all cases begin as juvenile delinquency proceedings. The district attorneys can decide whether to present the case for potential indictment, which would result in a youthful offender prosecution. During that determination process, having a skilled defense attorney on your side can make a significant difference. 

A juvenile delinquency conviction can have transformative effects on a child’s life. Aside from the burdens of having a criminal record before becoming an adult, the child could be reprimanded at school and lose certain extracurricular privileges. These charges will go on the child’s permanent record and may have detrimental effects on their education and job prospects for the rest of his or her life. In addition, the child’s reputation with peers and in the community could be tarnished. In order to best attempt to avoid these situations, you should hire an experienced attorney who is familiar with the specific procedures in juvenile court. 

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