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Can I Go to Prison for Culpable Negligence or Reckless Endangerment?
People are often aware of the crimes for which they can go to jail. Robbery, murder, assault, and other potential criminal charges are a part of the public consciousness. However, there are some crimes for which you can go to jail that many people don’t even know exist. Two such crimes are culpable negligence and reckless endangerment. These are two crimes involving a disregard for the safety of others. While they may not be considered as “serious” as some other crimes, the consequences can be severe.
Depending on the circumstances, someone convicted of culpable negligence or reckless endangerment may face years behind bars and thousands of dollars in fines. If the case of culpable negligence involves a firearm and children, the consequences may be even more severe. That is why, if you or a loved one were arrested for a crime involving negligence in Florida, it’s vital you contact one of our firm’s experienced defense attorneys. Though they may seem minor, charges of culpable negligence or reckless endangerment can send you to jail for years and leave you with a criminal record that lasts the rest of your life.
What is Reckless Endangerment?
Reckless endangerment is also called reckless driving. It is defined under Title XXIII, Chapter 316 of the Florida Statutes. Reckless endangerment occurs when a person engages in activity while operating a motor vehicle, posing a risk of potential harm to other individuals. Examples of reckless endangerment include but are not necessarily limited to:
- Speeding
- Tailgating
- Running Stop Signs or Traffic Lights
- Fleeing a Law Enforcement Officer
- Failure to Yield
- Failure to Stop
- “Road Rage”
Under Florida law, you do not have to have intended to cause harm to another person or property to be charged with reckless endangerment. Simply behaving in a way that could have caused injury or damage is enough to result in a reckless endangerment charge.
Even a first-time conviction for reckless endangerment carries a sentence of up to three months in jail and a fine of up to $500. Subsequent convictions can carry a penalty of six months in jail and a fine of up to $1000. If the reckless endangerment involved a firearm or alcohol, these charges can significantly increase. This is why, even for a charge as seemingly “insignificant” as reckless endangerment, a defense attorney may be all that stands between you and a jail sentence.
What is Culpable Negligence?
Culpable negligence may be considered a higher degree of negligence than reckless endangerment. While reckless endangerment involves vehicles, any behavior can be deemed culpable negligence. In reckless endangerment cases, it is assumed the accused was not thinking about the potential consequences of their actions.
In cases of culpable negligence, it is assumed the accused knew their actions could result in injury, death, or property damage but chose to perform them anyway. The Florida Supreme Court defines culpable negligence as “conduct showing reckless disregard for human life… for the safety of other persons, or conduct showing an entire lack of care which raises a presumption of indifference to the consequences.”
It is important to note that reckless driving can become culpable negligence if an attorney can demonstrate you knew your actions could harm others but chose to drive recklessly anyway. It is also important to note that many behaviors can be considered culpable negligence under Florida law. For example, if you left a firearm unsecured and a child obtained it and shot someone or themselves with it, you could be charged with culpable negligence. A healthcare provider who administered a medication to which a patient was allergic might also be charged with culpable negligence.
Penalties for culpable negligence are outlined in Chapter 784 of the Florida Statutes. The severity of the penalty depends on whether or not anyone was hurt or killed as a result of culpable negligence. Based on the circumstances of the case, penalties may range from two months in jail and a $500 fine for second-degree misdemeanor culpable negligence and up to five years in jail and a $5,000 fine for third-degree felony culpable negligence. Depending on the circumstances, charges and penalties may be even more severe. For example, cases involving unsecured firearms and minors often result in manslaughter charges in addition to culpable negligence.
What Are Defenses to Reckless Endangerment and Culpable Negligence?
Defending against charges of reckless endangerment and culpable negligence may be challenging. This is why it’s necessary to consult an experienced defense attorney if you or a loved one were charged with either crime. For example, in the instance of reckless endangerment, an attorney may be able to prove that your actions were not truly dangerous. An attorney may also be able to present evidence of extenuating circumstances, such as if you were speeding to make it to an important doctor’s appointment or if your child was sick or injured.
Defending against culpable negligence may be more challenging; however, an experienced defense attorney can review the circumstances of a specific case and craft a defense. For instance, a defense attorney may be able to demonstrate that any harm that occurred was the result of an accident and not your negligence. An attorney may also be able to prove that any damage caused was not your responsibility or that another individual acted in such a way as to cause harm. Every case is unique. Because culpable negligence cases often involve some form of serious injury or death, it’s vital you consult with one of our team’s dedicated defense attorneys if you or a loved one have been charged.
What Should I Do If I’m Charged with Reckless Endangerment or Culpable Negligence?
Many people have never heard the terms “reckless endangerment” or “culpable negligence” until they are charged with those crimes. This means many people are not in a position to defend themselves against these charges easily. This is why if you or a loved one were charged with reckless endangerment or culpable negligence, it’s imperative you contact one of our attorneys at The Defense Group.
At The Defense Group, we believe freedom is the most valuable thing a person can have. We don’t think anyone should lose their freedom because of an accident, misunderstanding, or due to circumstances beyond their control. We thoroughly review every case and help our clients build a custom defense to ensure the best possible outcome.
Reckless endangerment and culpable negligence are serious charges. If you or a loved one have been arrested, don’t hesitate to contact one of the attorneys at The Defense Group today at 407-743-8430 to schedule your free case evaluation.
