As the old saying goes, blood is thicker than water. Family members stick together and support each other no matter what. But what if a family member commits a crime? Will family members be held responsible for the illegal activity done? The law has specific rules when it comes to criminal responsibility. However, the interpretation of the law can be finicky sometimes. 

If you are facing criminal charges, contacting an expert like McNally Law – Attorney Patrick Mcnally should be a priority. Everyone has a right to have an attorney. Especially for criminal charges that threaten not only you and your family’s freedom and reputation. If you’re worried if you could be held responsible for a family member’s crimes, here is what the law has to say.

Criminal responsibility in different contexts 

Organized crime

The law defines organized crime as a group of at least three individuals planning to commit a crime or a series of crimes to make money. Although crime families include other members, mobs and mafias often consist of generations of family members. Under the law, a person participating in organized crime can be charged. This is regardless of their role in the organization, knowledge of other members, and even if they are not usually part of the group. Understanding and active participation in the planning and execution is enough to be held liable.

Accomplice to a crime

Becoming an accomplice to a crime can sometimes be a thin line. Generally, knowledge and active participation in the crime committed hold you accountable. However, you can get accused with the exact criminal charges if you act in support of the crime even without prior intentions. 

Planning a crime with other people is a different context. The law can consider you an accomplice to a crime even if you did not do it personally or if the plan never panned out. This type of crime is referred to as conspiracy and is still punishable by law.

Harboring a fugitive family member 

Different states have laws about harboring a fugitive family member. Under federal law, anyone who hides a warranted criminal or prevents their discovery is already guilty of a crime. If the wanted individual’s offense is classified as a misdemeanor, the penalty for hindering arrest is less than a year in jail. If the fugitive committed a felony, the penalty increases to two to ten years in prison and a fine reaching $10,000.

Some states implement an exemption for harboring cases that involve family members. Fourteen states declare a criminal exemption for harboring a fugitive if they are related. The statute defines a family member as a spouse, sibling, parent, grandparent, or child. Other states do not completely rid the family member of criminal responsibility but are given reduced penalties instead. 

The concept of parent liability

Parents have a legal obligation for the actions of their children. Generally, parents are liable for their kids’ activities, damage, and negligence. The scope of this obligation starts when the child turns 8 to 10 years old and ends when they reach the age of majority. 

Civil parental liability

Civil parental liability is parents’ carried responsibility for their child’s non-criminal offense. This type of obligation commonly pertains to property damage and requires financial compensation. This law primarily aims to compensate the victims and avoid leaving any burden on them. It also encourages parental control and avoids negligence. 

Criminal parental liability 

In some cases, parents are also considered liable for offenses the criminal of their child. This responsibility pertains to the parent’s possible ‘contribution to the delinquency of a minor.’ One example is that parents can be considered liable for negligence leading to firearm access. Several US states have adapted this statute today.

Bottomline

Identifying one’s criminal responsibility for crimes committed by others can be confusing. Considering that different US states have their governing statutes, it is important to get a well-versed and experienced lawyer if needed. Understanding the basics of the law and knowing your rights are some of the things that can guide you during an unprecedented situation.