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Can Parents Go to Jail for Crimes Their Kids Commit?

 Posted on October 09, 2025 in Criminal Defense

Palo Alto, CA criminal defense attorneyWhen a young person commits a crime, one of the first questions many people ask is, "Where were the parents?" In some cases, prosecutors in California take that question seriously and hold parents legally responsible for their child’s actions. While parents are not automatically guilty when their child breaks the law, there are certain situations in which they can face criminal charges, fines, or even jail time.

If you are a parent facing charges because of your child’s behavior, talk to an experienced Palo Alto, CA criminal defense attorney. At Fuller Law Firm, we help families overcome difficult legal challenges. Our firm offers free consultations and works with compassion and commitment to protect your rights and your family’s future.

When Can Parents Be Held Responsible for Their Child’s Crimes in California?

In California, the law says that parents have a duty to supervise and guide their children. When parents fail to meet that responsibility, they can sometimes be held accountable under California Penal Code § 272, which makes it a crime for a parent or guardian to "contribute to the delinquency of a minor."

This means that if a parent encourages, helps, or even does not stop a child from committing a crime, prosecutors may say that the parent played a role. For example, a parent could face charges for:

  • Knowingly allowing their child to use illegal drugs at home

  • Giving alcohol to minors

  • Ignoring court orders related to truancy or probation

  • Allowing their child to hang out with known criminal groups

Convictions can result in up to one year in county jail and fines of up to $2,500. While these charges are often misdemeanors, they can still cause lasting harm to a parent’s criminal record and reputation.

Are Parents Liable for Property Damage or Injuries Caused by Their Children?

Even if a parent is not criminally charged, they can still face civil liability for damages caused by their child. For example, if a teenager spray-paints graffiti on a local business in downtown San Jose or damages a neighbor’s car, the parents can be required to pay for repairs. The law sets a maximum amount of damages, which increases with inflation, but the cost can still be significant.

Similarly, under California Education Code § 48904, parents can be held responsible for damage or injury that occurs at a school or during a school-related event. This includes vandalism to school property or harm caused by fights between students.

Can Parents Go to Jail for Truancy or School Absences?

Repeated unexcused absences can lead to criminal penalties for parents. Under California Education Code § 48293, a parent who "willfully fails to comply" with compulsory education laws may be charged with a misdemeanor.

If convicted, a parent can face fines and even jail time. Courts in Santa Clara County often prefer to order parenting classes or community service before jail becomes a possibility, but repeated violations can escalate consequences quickly.

Contact a Palo Alto, CA Criminal Defense Lawyer

If you are being investigated or charged because of your child’s actions, do not wait to get help. The legal system can be confusing, but you do not have to face it alone.

Call Fuller Law Firm today at 408-234-7563 to schedule a free consultation with a compassionate and experienced Santa Clara County criminal defense attorney.

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