Culpable Negligence in Florida
The penalties for Culpable Negligence increase based upon the seriousness of the injury caused.
Culpable Negligence, often referred to as Criminal Negligence, encompasses reckless conduct that cannot be excused as an accident or simple mistake.
Under Florida Statute 784.05, the crime of Culpable Negligence occurs when a person acts in a gross and flagrant manner towards another person, which shows a reckless disregard for human life or an entire want of care that raises the presumption of indifference to the consequences of their actions.
Penalties for Culpable Negligence
The penalties for Culpable Negligence increase based upon the exposure to, or actual, injury.
Exposure to Injury through Culpable Negligence
A person who exposes another person to personal injury through culpable negligence commits a Second Degree Misdemeanor. If convicted, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Actual Personal Injury
A person who causes another person personal injury through culpable negligence commits a First Degree Misdemeanor. If convicted, a judge can impose any combination of the following penalties:
- Up to twelve (12) months in jail.
- Up to twelve (12) months of probation.
- Up to $1,000 in fines.
Injury to a Minor due to Improper Firearm Storage
A person who causes injury or death to a person under 16 years of age by as a result of a storing a firearm in a culpably negligent manner commits a Third Degree Felony and is assigned a Level 2 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Injury to a Minor due to Improper Firearm Storage through Culpable Negligence, a judge can impose any combination of the following penalties:
- Up to five (5) years in jail.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Culpable Negligence
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Culpable Negligence are:
Simple Negligence
The Florida Supreme Court has ruled the degree of negligence required to sustain imprisonment should be at least as high as that required for the imposition of punitive damages in civil cases. Thus, simple negligence will never support culpable negligence conviction. [1]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Culpable Negligence in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.