Culpable Negligence Defense in Florida

What is culpable negligence?

Although negligence is ordinarily a term that is used in civil actions, it can be criminal if the negligence is so gross as to evidence a criminal disregard for safety. In Florida, culpable negligence can be either a misdemeanor or a felony if the injury results from the defendant storing or leaving a loaded firearm within access of a child. The statute that sets out this offense is FSS 784.05(3)
784.05 Culpable negligence.

(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:

(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;

(b) If the minor obtains the firearm as a result of an unlawful entry by any person;

(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.

How We Can Help

At The Defense Group, we understand the importance of securing the right legal representation when you’re facing charges of culpable negligence. These charges can have severe consequences, potentially impacting your future, career, and personal life. Culpable negligence involves a situation where someone’s actions or lack of action show reckless disregard for the safety or well-being of others, often leading to personal injury or even death. In these cases, it’s crucial to have a defense team on your side that can thoroughly examine the facts and build a strong case for your protection.

Challenge Prosecution

When you’re charged with culpable negligence, it means the prosecution believes your actions directly caused harm to another person. They may argue that you failed to act responsibly or were careless to the point of putting someone else in danger. However, negligence is not always straightforward, and not all accidents are the result of recklessness. That’s where we come in. Our role is to challenge the narrative that you acted with reckless disregard, seeking to prove that the incident may have been a tragic accident, but not one caused by criminal behavior.

Meticulous Investigation

We take a comprehensive approach to each case, meticulously reviewing the evidence and identifying areas where the prosecution’s claims might lack substance. Whether the charge stems from a workplace incident, a car accident, or any other unfortunate situation where someone was hurt, we’re committed to protecting your rights and ensuring that your side of the story is heard. We work tirelessly to challenge any assumption of guilt, demonstrating that you did not act with reckless intent or disregard for others.

Trusted Legal Guidance

Our goal is to guide you through the legal process, defending you against charges that could lead to serious penalties, including imprisonment, fines, or a lasting criminal record. We understand how daunting these accusations can feel, and we are here to stand with you every step of the way. With us in your corner, you can feel confident that your defense will be crafted with care, and every effort will be made to reduce or dismiss the charges against you.

Contact A Culpable Negligence Attorney

While this offense sounds similar to a civil action, you may be imprisoned for up to 5 years in state prison if the injury is severe enough. If you become a target of an investigation for this offense, call us today at 407 743 8430 for a prompt and  free consultation with an experienced Orlando criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.