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Culpable Negligence - Florida Statute 784.05 | West Palm Beach Criminal Lawyer

culpable negligence

Florida Statute 784.05 prohibits anyone from being culpably negligent. Many individuals have heard of negligence. It is often thrown around in our conversations. Trying to classify negligence becomes difficult because individuals see things differently. Everyone understands that we all “goof up” at times because we are exhausted, sleepy, stressed, or overworked. We were supposed to act a certain way but we did not. Culpable negligence goes beyond the basic understanding of negligence that we understand. It is the reckless disregard for other people’s lives or safety. Negligence is like someone who forgot to mop up the water on the floor and a person slipped. Culpable negligence is where the janitor knew of the water on the floor and a high voltage electrical wire was touching it, but the janitor did nothing to warn anyone. We can somewhat tell, based upon the janitors actions, that the janitor did not care about anyone else who could be killed. It’s the difference between a “woops” and an “I don’t care.”

What the State has to Prove for you to be Convicted

In order for the state to convict you of culpable negligence, the state must prove:

  1. You either:
    1. Exposed a person to personal injury; or
    2. Caused the physical injury of the person; and
  2. This happened because you were culpably negligent.

The state prosecutor does not have to prove that the victim was injured but only that he was exposed to personal injury.

Culpable Negligence Involving a Child and a Firearm

If the culpable negligence involves a firearm and a child under 16 is injured or killed, the individual can be charged with a third-degree felony which can be punishable with up to 5 years in prison and a $5,000 fine.

Punishment for Culpable Negligence

If the victim is not hurt, the crime can be charged as a second-degree misdemeanor crime that is punishable up to 60 days in jail and a $500 fine. If the victim is hurt, the crime is considered a first-degree misdemeanor that is punishable by a maximum of 365 days in jail and a $1,000 fine.

Contact the Law Office of Roger P. Foley, P.A.

If you are facing a charge of culpable negligence, a West Palm Beach Culpable Negligence Lawyer at The Law Office of Roger P. Foley, P.A. could help you determine the best possible defense.

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Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!! Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also I would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim