Daytona Culpable Negligence Lawyer
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
The word “negligence” often conjures up images of a slip-and-fall at a restaurant, or a parent leaving a young child unattended. In most cases, negligence is a matter of liability rather than a criminal offense. There are, however, instances when a person’s negligence is so egregious, that it can result in imprisonment.
With offices in Deland and Daytona Beach, Thompson Law has represented clients throughout Central Florida for over 18 years. Contact us today at (386) 280-4977!
What is Culpable Negligence?
Culpable Negligence is a type of negligence that occurs when a person acts in a manner that is so careless, it is seen as similar to having exposed another person to harm or caused an injury to another. As defined by the Florida Standard Jury Instructions, culpable negligence is “more than a failure to use ordinary care for others” and is instead “a course of conduct showing reckless disregard for human life” which can include “a conscious indifference to consequences”. Other words associated with culpable negligence include reckless or grossly careless.
Examples of culpable negligence might include a healthcare professional giving a patient a medication that they are allergic to; a teacher leaving a class unsupervised, resulting in a child getting hurt; a car driver injuring someone in an accident that occurred while the driver was texting – the list goes on, but the most infamous example of culpable negligence concerns firearms.
Punishments for Culpable Negligence
Culpable Negligence, as defined in section 784.05 of the Florida Statutes, ranges from a second degree misdemeanor to a third degree felony. The punishment for this crime depends on the level of harm done, and the way in which the harm occurred.
- Exposure to harm (s. 784.05(1))– A person who, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree. Punishable by up to 60 days in jail, 6 months probation, and a fine of $500.
- Infliction of harm (s. 784.05(2)) – A person who, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree. Punishable by up to 12 months in jail, 12 months probation, and a fine of $1,000.
- Firearms (s. 784.05(3)) – A person who, by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or another, a third degree felony. Punishable by up to 5 years in jail, 5 years probation, and a fine of $5,000.
Firearm Exceptions
Under the law, firearms are given extra attention, particularly when it comes to storing firearms around children. While the law does not require gun owners to store their firearms in any particular way, proper gun safety is encouraged through culpable negligence laws. Florida Statute 784.05(3) makes it a criminal offense if a minor is injured by a firearm when it is within ready reach or easily accessible to the minor.
There are, however, exceptions. Culpable negligence does not apply if the firearm was securely locked or in a reasonably secure location; if the minor obtains the firearm as a result of an unlawful entry by another; to injuries caused by target or sport shooting or hunting accidents; or to military and law enforcement officers if the minor obtains the firearm during or incidental to the performance of their official duties.
Proving Culpable Negligence
It is not a criminal offense to simply act in a manner that is grossly negligent. In order for negligent behavior to be criminal, it must either expose a victim to personal injury or inflict actual personal injury onto a person. In order to be found guilty, the State must prove the following elements beyond a reasonable doubt:
- Defendant exposed a victim to personal injury, OR
- Defendant inflicted actual personal injury on a victim
AND
- Defendant did so through culpable negligence
While not every culpable negligence case will have this many variables, it is undoubtedly a complicated crime. If you or someone you know has been accused of culpable negligence, having an experienced attorney in your corner will make all the difference in understanding what you have been charged with, and how it will affect your life.
The Thompson Law Approach
Thompson Law is dedicated to providing our clients with legal service that is personable, accessible, and exceptional. By staying current with legal research and court rulings, we are able to craft a defense that is legally sound and tailored for your individual case. In addition to criminal defense, Attorney Matt Thompson handles personal injury cases, providing him with unique insight to culpable negligence accusations. With over 10 years of experience, you can be confident that Matt Thompson has the knowledge and expertise to diligently represent you or your loved one. Contact us today for a free case evaluation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
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All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.