San Diego Criminal Lawyers Blog
Michigan’s school shooter pleaded guilty to a mass shooting and was sentenced to a life behind bars for his actions, but that was not the end of the story for Michigan prosecutors. It was not long before his parents were charged and convicted of involuntary manslaughter—one count for each of the four students killed by their son. Even though the shooter’s parents had not been on the scene of the shooting and had not even known what was occurring until after the fact, the law held them accountable for their son’s actions based on evidence that they had ignored the warning signs that should have forewarned them of the possibility of exactly the murderous event that occurred. That negligence cost them each 15 years behind bars. Could an incident like this in California have the same kind of result?
Gun Violence Facts
The tragic truth is that children and adolescents die as a result of firearm interactions more often than they do as a result of motor vehicle collisions, or of any other cause, for that matter. Additionally, just the exposure to gun violence can have incredibly negative impacts on America’s youth. Every day in 2022, seven children died from gun violence across this country. Two-thirds of those fatalities were from actual assaults, while the rest were suicides (27%) or accidental (5%).
Parental Responsibility Laws
Since 1996 states nationwide have been enacting parental responsibility laws to address delinquent behavior by children. The hope to get parents more involved in their children’s lives was the driving force behind these laws. It was believed that the fear of both civil and criminal penalties would motivate parents to supervise their kids more carefully and reduce juvenile crime.
California Law
In California parents can be held civilly liable for up to $45,000 in property damage, and can be held criminally liable for contributing to the delinquency of a minor if their neglect resulted in violent behaviors from their child. What constitutes neglect? Essentially it is just the lack of supervision, control, and protection of a minor child. For parents, the misdemeanor charge carries a 364-day jail sentence. California’s safe storage laws can come into play if a minor got their hands on a firearm that should have been safely locked up. That could add another three years in prison to a parent’s sentence.
The Legal Help You Need
Parents of children involved in criminal activity are usually bewildered by the array of consequences facing both their child and themselves. Now, more than ever, sound legal representation is a must. The experienced criminal defense attorneys at Boertje & Associates can help. To discuss your situation, schedule a confidential consultation in our San Diego office today.