Culpable Negligence

orlando criminal defense lawyer

Per Florida Statute § 784.05, one commits culpable negligence when he or she engages in negligent acts that expose others to the threat of harm or actual harm. Any reckless disregard for human life or the general welfare of others can result in one facing charges for culpable negligence which can be charged as a misdemeanor or a felony. Depending on the details of your incident, you could be facing anywhere from a year in jail to 15 years in prison. Best protect yourself against unnecessarily harsh prosecution by securing the legal services of a seasoned criminal defense attorney.

The Orlando culpable negligence attorneys at The Umansky Law Firm are passionate criminal defense attorneys dedicated to protecting your best interests. Culpable negligence is a crime that is far-reaching and can apply to instances you may not have known were relevant. Our team can analyze the facts of your case, inform you of your legal options, and serve as your representation throughout the legal process.

Examples of Culpable Negligence in Florida

Although there are numerous ways one may commit the crime, culpable negligence in Florida often involves the elderly and children. Depending on specifics like whether or not the individual sustained an injury and the extent of the injury will help determine whether one will face misdemeanor or felony charges. Some common examples include the following:

  • Willfully neglecting an elderly or disabled person who, as a result, suffered great bodily harm, disfigurement or permanent disability (Second-Degree Felony, Florida Statute § 825.102)
  • Willfully neglecting a child who, as a result, suffered great bodily harm, disfigurement or permanent disability (Second-Degree Felony, Florida Statute § 827.03)
  • Willfully neglecting an elderly or disabled person who suffered no bodily harm (Third-Degree Felony, Florida Statute § 825.102)
  • Willfully neglecting a child who suffers no bodily harm (Third-Degree Felony, Florida Statute § 827.03)

To find one guilty of culpable negligence, the State must prove that you exposed a third party to personal injury or inflicted injury onto the person and that you did so with “culpable negligence.” Successfully proving these factors in court can result in serious criminal penalties.

Florida Penalties for Culpable Negligence

Culpable negligence can be charged as a second-degree misdemeanor, first-degree misdemeanor, or a third-degree felony. While there are cases when culpable negligence can be used to commit another crime such as child neglect (second-degree felony), the accused individual will face charges for the overarching crime. The penalties for culpable negligence in Florida are as follows:

  • Exposed to Danger but No Injury to Victim (Second-Degree Misdemeanor): Up to 60 days in jail and $500 in fines
  • Actions Resulted in Injury to Victim (First-Degree Misdemeanor): Up to 1 year in jail and $1,000 in fines
  • Actions Resulted in Severe Injury or Death (Third-Degree Felony): Up to 15 years in prison

Culpable negligence is a serious crime that can have a lasting impact on your career and future. Combat the efforts of the prosecution by acquiring the legal services of a knowledgeable attorney who will do what it takes to protect your rights.

Orlando Culpable Negligence Defense Attorneys

The team of Orlando culpable negligence defense attorneys at The Umansky Law Firm has over 100 years of combined experience and is willing to fight relentlessly for you. We can pursue various forms of investigation to find a justifiable use of deadly force. We can also prove to the court that you were not acting unreasonably with gross recklessness or wanton disregard for the victim. By successfully presenting such defenses, we can mitigate charges and the associated penalties, but you must first reach out to us for help.

Our team consists of former state and local prosecutors who are ready to go to work for you. Contact us today at 407-228-3838 for a free case evaluation.