Negligence is a common term used throughout American law. Charges for negligence are consistent across the State of Florida, especially Fort Myers. There are different definitions that surround negligence, so it is important that you are confident in your understanding of their differences in order to move forward in legal proceedings.
Culpable negligence can be defined as the complete lack of regard for the safety of other people as a result of reckless actions, with a clear lack of consideration in place for caution. Usually, in situations surrounding culpable negligence, the person who is being convicted has made the active and conscious decision to take part in acts that they knew would result in serious harm or, in the worst-case scenario, death. This can otherwise be known as gross negligence. Culpable negligence is the highest level of negligence that a person can be convicted of. The punishments that follow this conviction depend on the circumstances that surround the case, but usually, you could expect a first-degree or second-degree misdemeanor charge. In the more extreme circumstances, a person could potentially face a felony charge if their actions caused the wrongful death of someone due to culpable negligence.
If you or a loved one are citizens of Fort Myers and are facing culpable negligence charges, it is important that you seek legal assistance immediately. Here at The Law Place, we have 75 years of experience working on cases that are similar to yours, across Fort Myers and the entire State of Florida. We are here to help you, and as a reputable law firm, we strive to offer skill, knowledge, and information so we can fight to have your charges reduced or dropped entirely. Upon calling us, you will receive a free consultation with one of our knowledgeable criminal defense attorneys. If you wish to get more information, contact our Fort Myers law firm at (941) 444-4444 today.
Florida Statue on Culpable Negligence
You can find the Florida law definition of culpable negligence in Florida Statute 784.05.
If you have caused “unreasonably great risk or harm to others,” under Florida law, you are punishable.
Equally, as defined by the Florida Supreme Court, culpable negligence is stated as any “conduct showing reckless disregard for human life, or for the safety of other persons, or conduct showing an entire lack of care which raises a presumption of indifference to the consequences.”
It is important that you have the correct understanding of this terminology, as it is applicable to you.
For a free legal consultation with a culpable negligence lawyer serving Fort Myers, call 941-444-4444
Duty of Care in Fort Myers, FL
Duty of care is a part of human rights that every person owes to other people around them. It is the legal responsibility of another person to protect others around them from the potential threat of harm through their actions or inactions.
If at any moment you act against the duty of care, this is you displaying negligence. Thus, you are making yourself liable for any kind of damage to property, personal injury, or death that happens due to your actions. The case becomes one of culpable negligence if the individual being convicted continues to act in a way that they are actively aware is dangerous and reckless to other people around them. In a case such as this, the individual cannot qualify for ‘ignorance’ as they willingly know the consequences of their actions.
As a case unfolds, several issues can cause it to become complex. For this reason, if you or a loved one find themselves in the position where they are convicted of negligence, it is necessary that you have proper legal representation on your side. The right kind of criminal defense attorney can assist in guiding you through this process with care.
Fort Myers Culpable Negligence Lawyer Near Me 941-444-4444
What Are the Different Types of Culpable Negligence in Fort Myers, FL?
Listed below are the different kinds of circumstances that surround culpable negligence charges in Fort Myers county:
- Neglecting the disabled and/or the elderly – This case is usually specific to hospitals, nursing homes, or special care facilities. Also included are people whose specific role is to care for a disabled or elderly person. Regarding the victim, they can be categorized under several different headings, such as a family member, friend, or someone in the accused’s work environment. One common example is when there is clear abuse being carried out by a worker in a nursing home. From this, your charges will be determined based on the kind of neglect that was carried out and what consequences resulted from it. In Fort Myers, the neglect of an elderly person or a disabled person is a second-degree felony.
- Neglecting a child – This is when a child is exposed to an extreme amount of risk as a result of severe neglect. If the person in question is the official carer of a child in a home, child-care, or work setting, it is punishable as a second-degree felony.
- Firearms within reach of children/minors – If the person in question is responsible for leaving a firearm within reach of a child, and it results in the firearm being the reason behind the wrongful death of either the child or another person, it is punishable by a third-degree felony.
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What Are the Charges of Culpable Negligence in Fort Myers, Florida?
Depending on the case in question, there are different charges for culpable negligence. Listed below are common charges:
Second-Degree Misdemeanor Charge
If someone suffers a personal injury as a result of culpable negligence, it is punishable as a second-degree misdemeanor charge. For this, you face:
- A fine of $500
- 60-day jail-time
First-Degree Misdemeanor Charge
A charge can be increased to a first-degree misdemeanor if the accused has cused a serious amount of personal injury to someone.
The conviction includes:
- A fine of $1,000.
- 1-year imprisonment.
Felony Charge
A felony charge is something that you most definitely do not want on your personal record. Your case will be analyzed, and the consequences can be severe, especially if children, disabled or elderly are involved. If your neglect has caused serious bodily injury, you can be convicted of a second-degree felony charge. Listed below are the consequences it involves:
- $10,000 in fines.
- 15 years maximum jail sentence.
- Being known as a ‘felon’ will later create complications regarding schooling, banking, and housing.
As you can see, the consequences of culpable negligence are incredibly serious. You don’t want you or a loved one to be in this kind of position, which is why support from a distinguished law firm and criminal defense attorney will make all the difference.
Please do not hesitate to get in contact with The Law Place in Fort Myers today. Upon calling, you will receive a free consultation with a criminal defense lawyer who will be able to help you with your case.
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Defenses Against Culpable Negligence in Fort Myers, Florida
Listed below are some of the lines of defense that your criminal defense lawyer could adopt when fighting your case:
- State of mind – Depending on the circumstance, your criminal defense lawyer can argue that the person was not in a sound state of mind when the crime was committed. This could alter actions, meaning they were incapable of acting how a “reasonable person would in a similar circumstance.”
- The deceased’s conduct – Your criminal defense attorney can argue in certain circumstances that the person who lost their life during the incident was, in some way, responsible for their own death.
- Foreseeable damage – This is the most important component in the prosecution’s case. Your criminal defense lawyer has the right to argue that any injuries or damages that occurred were not foreseeable at the time.
- No duty of care was necessary – Something else that the prosecution must be able to prove is that during the time of the incident, the accused was required to provide a duty of care towards the victim. If they are unable to prove this, there is a chance that the accused could be found ‘not guilty.’
With several promising lines of defense, it is vital that you have a strong law firm and a knowledgeable criminal defense attorney by your side to help you during this stressful time. This is not a situation that you want to try and deal with alone, and you don’t have to. Here at The Law Place, we want to help in any way we can. Once you call and receive your free consultation, you will be on the road to justice sooner than you think.
Call The Law Place, Fort Myers, Today!
If you or a loved one find yourself in this position, don’t try to handle it alone. Contact a law firm that wants to help and fight for your rights. At The Law Place, we have a wide range of experience handling a variety of cases across Florida, including Fort Myers. The client is at the heart of all the work we do, and as a law firm, we want the process to be as simple as possible for you.
Contact us today for your free consultation with a criminal defense attorney, and begin the steps towards your freedom.
Call The Law Place Fort Myers today at (941) 444-4444 for your free consultation! A criminal defense lawyer will be waiting for your call.
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