What is Culpable Negligence and What Are Its Penalties in Accordance With Florida Law?

Culpable Negligence

Negligence happens every day in Florida as a result of another person failing to fix, clean or care for something that may cause injury to another person. It can, at times be pure laziness. Chicken grease on a restaurant floor that was not cleaned up, causing someone to slip and fall or a stairwell with steps not repaired causing someone to stumble are examples of negligence. Sometimes, negligence involves such extreme ignorance, carelessness, and irresponsibility. When the injury is so severe or the neglect so extreme, the courts classify it as criminal, and it is termed culpable negligence.

In Florida, the crime of “Culpable Negligence” is defined as a course of conduct “showing a reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or which shows wantonness or recklessness . . . [or] an indifference to the rights of others as is equivalent to an intentional violation of such rights.”

Types of Culpable Negligence

  • Neglect of a child, elderly or disabled person - A person who willfully neglects a child or an elderly, or disabled person and in doing so causes bodily harm has committed a second-degree felony.
  • Neglect of a child, elderly or disabled person - A person who willfully neglects a child of an elderly or disabled person and in doing so causes no bodily harm has committed a third-degree felony.
  • Culpable negligent manslaughter - Disregard for the safety and welfare of the public.
  • If a person commits an action which shows a disregard for the safety and general well being of the public, it will fall under culpable negligence.
  • What circumstances must occur for an individual to be charged with culpable negligence? An individual can be charged with culpable negligence if they shoot a gun they did not know was loaded accidentally or use excessive force when defending themselves.
  • What are the penalties to a person found guilty of culpable negligence? A judge will look at an individual’s record to determine if they have a history of violence. If they are a repeat offender, their punishment will be increased. Culpable negligence with injury is a first-degree misdemeanor punishable by a year in jail or on probation. Without injury is a second-degree misdemeanor punishable by 60 days in jail or 6 months probation. If a minor obtains an improperly stored gun and hurts themselves or someone else it is a third-degree felony punishable by up to 5 years in prison.

Ron Chapman, Defense Attorney

How can Ron Chapman, an experienced defense attorney in South Florida help an individual charged with culpable negligence? Ron Chapman is an experienced defense attorney who can advise an individual charged with culpable negligence through the process. As a qualified attorney, he will investigate to find justifiable force in hopes of escaping the charges. In Florida, it is rare to be charged with culpable negligence and not face jail time making it even more crucial to hire Ron Chapman as soon as possible.

Defense Attorney West Palm Beach

Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.

Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.

Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.

 

Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348

 

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