An accident can cause injury and even death, especially when someone leaves a dangerous item unattended. Children can come across common household items and dangers that are not as common, such as firearms kept in the home.
Failing to keep dangers at bay can lead to a Criminal conviction for culpable negligence, depending on the circumstances. In the face of Criminal charges or an investigation, a Wellington culpable negligence lawyer from Leifert & Leifert can help you defend yourself and your livelihood. Connect with one of our dedicated Criminal Defense Attorneys today for guidance on your case.
Culpable Negligence in Florida
Negligence is typically used in Civil Law to describe the violation of a reasonable standard of care that injures someone or their property. For example, driving while intoxicated can be negligence if a drunk driver gets into an accident and injures someone else (and that victim sues them in Civil Court).
But in the Criminal context, the state uses the term culpable negligence to refer to more dangerous behavior, the kind of conduct that creates risk of injury through disregard for life, health, or safety. Florida Statutes § 784.05 makes both the exposure of someone else to injury and the causing of injury as a result of culpable negligence a crime.
Specifically, exposure to injury is a second-degree misdemeanor, and causing an injury is a first-degree misdemeanor. Under §775.082 and §775.083, second-degree misdemeanors are punishable by up to 60 days in prison and a maximum fine of $500, and first-degree misdemeanors can receive up to a year in prison and a $1,000 fine.
Actions—or lack of action—under these sections is something beyond just making a mistake or not being careful. Instead, things like leaving a child unattended in a hot car, firing a gun into the air, or speeding through a busy city center at a very high rate of speed could qualify as culpable negligence, if it exposes someone to or causes injury.
Understanding if your conduct could qualify as culpable negligence and lead to a criminal charge is where an Attorney in the Wellington area can help. We can help you prepare a defense and know what to expect from an Investigation or Trial.
Culpable Negligence Specific to Firearms
This state singles out one situation involving culpable negligence for higher penalties: firearms accessible by a child, as highlighted by §784.05. This statute highlights the exposure to injury of a minor by leaving a loaded firearm within easy access of a minor—someone under 16 years old—and makes it a third-degree felony if it leads to the minor hurts themselves or another person.
Punishable by up to five years in prison and a maximum fine of $5,000, failing to keep firearms safely away from minors carries a high price, both in Criminal penalties and in endangering a child. Certain situations can relieve you from a Criminal charge, such as if the firearm is reasonably secured or if the injury results from target shooting or hunting.
But no matter the specific situation, you should seek legal advice from a defense Lawyer on culpable negligence in Wellington and the possible consequences.
Speak with a Wellington Attorney About Culpable Negligence
You might have unintentionally caused an injury to someone else, or you might be accused of doing so through behavior that you did not think was risky to others. Culpable negligence, however, can bring Criminal penalties on top of any Civil liability you might have.
When you face these types of charges, either in general or in reference to a firearm, talk to a Wellington culpable negligence Lawyer as soon as possible. At Leifert & Leifert, our Defense Attorneys are prepared to fight on your behalf for the best results and can hear the facts of your case for free. Call our firm today to set up a consultation and to get your defense started.
