Culpable negligence refers to crimes in which someone’s actions demonstrate such reckless disregard for the safety of others that they inflict or expose another to injury or death. Culpable negligence is generally considered a misdemeanor, but certain offenses are classified as felonies.
Hiring a Delray Beach culpable negligence lawyer can help you avoid jail time and penalties for these offenses. One of our qualified criminal defense Attorneys at Leifert & Leifert is ready to fight on your behalf to get the best potential result for your case.
Defining Culpable Negligence
Ordinary negligence refers to a type of civil action in which a person fails to use reasonable care or breaches an accepted standard of conduct. The penalties for ordinary negligence are generally limited to monetary damages.
However, culpable negligence is a serious criminal offense. According to Fla. Stat. Ann. § 784.05, you are guilty of culpable negligence if you caused another person’s injury or exposed them to injury and your actions demonstrated culpable negligence.
Culpable negligence is defined as a gross and flagrant failure to use reasonable care. Every individual has a general duty to act reasonably towards others and avoid actions that place others in danger.
Courts can find you guilty of culpable negligence when your behavior shows a reckless disregard for human life or safety. This can create the presumption you were acting with a conscious indifference to the consequences of your actions. The Court must view the disregard for others’ safety or welfare as so wanton that it equates to an intentional violation of others’ rights.
A Court could find you guilty of culpable negligence even when you did not have a conscious intent to cause harm or injure another person. An Attorney in Delray Beach can argue that your actions did not meet the criteria of culpable negligence.
Failing to Properly Store a Firearm Could Lead to Felony Charges
If you own a firearm, you have a general responsibility to make sure the gun does not fall into the wrong hands. These responsibilities include securely storing a gun out of the reach of children.
When you fail to properly store a gun or leave a loaded firearm in a place that allows a minor access to the weapon, a Court could charge you with culpable negligence under Fla. Stat. Ann. § 784.05 if the minor uses the weapon to inflict injury or death upon themselves or others.
A culpable negligence conviction resulting from failing to store a firearm from a minor is classified as a third-degree Felony. However, the statute provides the following exceptions:
- The firearm was stored in a securely locked box, container, or place a reasonable person would believe is secure, or was secured with a trigger lock
- The minor obtained the firearm by the unlawful entry of any person
- The injuries resulted from a target, shooting sport, or hunting accident
The statute further provides that the culpable negligence laws do not apply to police, Law Enforcement Officers, or members of the Armed Forces, National Guard, or State Militia if the firearm possession by a minor occurred during or incidental to performing their official duties.
Potential Jail Time From Culpable Negligence Crimes
A culpable negligence conviction is punishable by jail time and fines, as outlined in Fla. Stat. Ann. § 775.082 and Fla. Stat. Ann. § 775.083. Consulting with one of our Attorneys can help you understand the potential penalties based on the facts of your case.
If you are found guilty of culpable negligence that exposes another person to injury, the crime is a second-degree misdemeanor punishable by up to 60 days in jail and a fine not to exceed $500.
When the culpable negligence inflicts injury on another person, the crime is a first-degree misdemeanor. These convictions carry an up to one year Prison sentence and a penalty up to $1,000.
If you are found guilty of third-degree Felony culpable negligence for failing to store a gun securely, the potential penalties are up to five years in Prison and a maximum fine of $5,000. An Attorney in Delray Beach can argue for lesser penalties.
Consult with a Delray Beach Lawyer for Culpable Negligence Cases
You should speak with a Delray Beach culpable negligence lawyer at Leifert & Leifert Attorneys as soon as possible when you are charged. Our legal team can provide a free initial consultation and review your case.
Our lawyers can prepare the best possible defense to win your case or get your charges Dismissed. Contact our office today to schedule an appointment.
