Parental Criminal Liability

After school shooter Ethan Crumbly pleaded guilty to a mass shooting in Michigan and accepted a life sentence in prison, it didn’t take long for his parents to be charged and convicted of involuntary manslaughter—one count for each of the four students killed by their son. Crumley’s parents hadn’t been on the scene of the shooting, and hadn’t even known it was happening until after the fact.  But for the first time in American history, the law held them liable for their son’s murderous actions because they’d ignored the warning signs that should have alerted them to the possibility of precisely the type of event that occurred. That negligence cost them each 15 years behind bars.  Could an incident like this in Florida have the same kind of result?

Parental Responsibility Laws 

As far back as 1996, states across the nation were enacting parental responsibility laws to address delinquent behavior by children. The driving force behind these laws was the wish to get parents more involved in their children’s lives. It was hoped that the fear of both civil and criminal penalties would motivate parents to supervise their kids more carefully and reduce juvenile crime. Florida currently has no limit on the amount of financial recovery victims may receive, and parents could also be ordered to complete community service and counseling– but what about criminal liability? Here in the Sunshine State, parents can actually face felony charges in some situations when their children unlawfully possess firearms.

Florida Gun Statutes 

Under Florida law, the parents of a child who illegally possesses a firearm without the parents’ knowledge could be required to enroll in parent education classes, and, following a second offense, parents could also be required to perform community service. Parents who actually knew about the weapon could wind up serving five years in prison.

Safe storage laws allow for parents to be charged with a second-degree misdemeanor if minor children get their hands on a gun that should have been locked up, and if a minor under age 16 harms or kills someone with a firearm, criminal penalties may follow for the parents, as well. 

Case in Point

When her two-year-old got ahold of a gun and accidentally shot and killed his father, the child’s mother was charged with manslaughter by culpable negligence. That carries up to a 15-year prison 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 Miami criminal defense attorneys at The Law Office of Julia Kefalinos can help.  To discuss your situation, schedule a confidential consultation in our Miami office today.

Sources:

nbcnews.com/news/us-news/florida-mom-charged-manslaughter-2-year-old-son-shoots-dad-back-rcna32252

nbcnews.com/news/us-news/crumbley-parents-face-school-shooting-victims-families-sentencing-rcna145902