Negligence is a common charge in the State of Florida, including North Port. Negligence charges can come under several definitions, meaning it is important that you have a clear understanding of them to be able to tackle them effectively.
Culpable negligence is different from regular negligence. Regular negligence usually refers to when an individual has failed to apply the relevant standards of care to another person. However, culpable negligence is a lot more serious and refers to when a person has a total lack of regard for the safety of those around them, shown through reckless behavior. When someone is charged with culpable negligence, it is because the individual has made the active decision to take part in an action that they knew would likely result in personal injury, or in the worst cases, even the death of another person. This can also be referred to as gross negligence.
In the State of Florida, culpable negligence is the highest-ranking level of negligence for a person to be charged under. The severity of your charges depends on the circumstances that surround your case, but usually, you can expect to face a first-degree or second-degree misdemeanor charge. If you committed culpable negligence, which resulted in the wrongful death of someone, your charge could change to a felony. This is something that you don’t want on your criminal record.
If you or a loved one is a resident of North Port, FL., and are facing culpable negligence charges, you must seek representation from a reputable law firm. Here at The Law Place, we are no strangers to dealing with negligence cases. As a team, we have a combined 75 years of experience, making us a law firm that you can trust with your case. Together, our team wants to offer our support in any way we can, helping our clients throughout this entire legal process. We want to fight your case so that your charges can be reduced or dismissed in full. If you would like to benefit from our legal services, contact us today for a free case evaluation. Any of the information you decide to share with a member of our team will be totally confidential, as we wish to protect our clients.
To speak to an attorney, contact us via telephone today. Our lines are available 24/7, meaning someone will always be ready to take your call. Call our North Port, FL., office on (941) 444-4444.
What Do the Florida Statutes Say About Culpable Negligence?
Florida Statute 784.05 describes Florida’s stance on culpable negligence. You are legally punishable for culpable negligence if you have carried out an action that has been found to cause any “unreasonably great risk or harm towards others.” Furthermore, “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.” Would be charged under this statute.
It is important to understand the law in culpable negligence cases, and your attorney will be able to explain anything that might be unclear to you so that you can go through this legal process with ease.
“Duty of Care” in North Port, FL.
Duty of care is a term that is applicable across many different types of cases, not just for culpable negligence. You will find it in personal injury cases, medical malpractice cases, and more. It is something that appears in both criminal and civil law.
Duty of care is the legal responsibility another person has to protect other people from harm. For example, if you are a car owner, you provide a duty of care when following the rules of the road. Or, if you are a shop owner, you have a duty as a business owner to make sure that your business is free from safety hazards to those who enter.
A person practices negligence when they breach their duty of care. If you are in this position, you become liable for any of the results that occurred because of your negligence, whether that be property damage, personal injury, or in the worst of cases, death. A case becomes culpable negligence when the person involved continues their reckless and dangerous behavior with no caution for what they are doing. If you are guilty of this, you cannot claim ignorance as there is clear evidence that you have continued to be reckless.
If you are in the position where you are being accused of practicing culpable negligence, you will need an experienced criminal defense lawyer to help you, offering legal advice and fighting to have your charges reduced.
What Are the Different Kinds of Culpable Negligence in North Port, Florida?
There are some specific types of culpable negligence charges in North Port, Florida that result in more serious consequences, and it is important that you understand the differences between them. Listed below are some of the various types of culpable negligence you could face:
- The neglect of the disabled or the elderly – If you are facing these charges, they are usually associated with those who work in a job that requires looking after another person. This could be in a special facility, a nursing home, or a hospital. It can also refer to those who hold a general ‘carer’ position for a disabled or elderly person, even within your family setting. This means that the victims of this negligence can vary from friends, family, or people in your work setting. The kind of charge you receive will be determined based on the kind of harm the victim suffered. This could be a disability, permanent disfigurement, or something else. If you are a citizen of North Port, the neglect of the elderly or disabled person is punishable as a second-degree felony.
- The neglect of a child – This charge is punishable as a second-degree felony. If your job is to be the carer of children in any childcare setting, whether that be at home or work, you are committing culpable negligence if you subject the child to extreme risk.
- Having firearms within reach of children/minors – If you have a firearm and leave it within reach of a child or minor, this is extremely serious. Such actions could result in the weapon being used and causing an injury or loss of life to another person or the child/minor that used the weapon. In North Port, if you were responsible for leaving the firearm within reach of a child or minor, you will face a third-degree felony charge.
What Are the Charges for Culpable Negligence in North Port, FL?
How your charge of culpable negligence is determined will be based on the circumstances of the case, the results of the negligence, and the severity of these results. Listed below are the charges you could likely face:
Second-Degree Misdemeanor Charge
If your act of culpable negligence results in someone suffering a personal injury, you are likely to face a second-degree misdemeanor charge. This entails:
- A fine of $500.
- 60-day jail sentence.
First-Degree Misdemeanor Charge
If your act of negligence has caused someone severe levels of personal injury, your charge will subsequently become a first-degree misdemeanor charge. This entails:
- A hefty fine of $1,000.
- 1-year imprisonment.
If your act of culpable negligence involved children, the disabled, or the elderly, you could be facing a felony charge. A felony is not something you want on your criminal record, as it comes with permanent, life-altering consequences. In the case where your culpable negligence results in severe personal injury to another person, you will face a second-degree felony charge. Listed below are the consequences of such a charge:
- $10,000 fine.
- 15 years jail sentence.
- Having ‘felon’ on your permanent criminal record, which comes with severe consequences. It will lead to complications later in life when attempting to access housing, employment, or loans from banks.
The above charges are a serious situation, and you should attempt to handle them alone. Contact The Law Place today for a free case evaluation and receive the best legal services that North Port has to offer. We have a team full of experienced attorneys who have years of experience handling cases that are similar to yours. Our criminal defense attorneys will fight tirelessly to give you the best possible defense strategy. The Law Place aims to put our best foot forward in our work and represent our client’s best interests in all the work we do.
What Are the Common Defenses Against Culpable Negligence Charges in North Port, FL?
There are many lines of defense your criminal defense attorney can take when serving North Port citizens against culpable negligence.
Listed below are some defense strategies your criminal defense lawyer can argue on your behalf during your case:
- State of mind – Your criminal defense lawyer can argue based on your state of mind that at the time of the incident, you were not of a sound mental state.
- The relevance of the deceased’s conduct – If someone lost their life because of culpable negligence, the deceased may have had a part to play in their loss of life.
- Foreseeable damage – In this case, your criminal defense lawyer can argue that any damage or injury caused by the negligence was not foreseeable, meaning you can’t be blamed for something you didn’t know was going to happen.
- No duty of care was needed – The prosecution will fiercely argue on the grounds of duty of care, as mentioned previously. However, your lawyer could argue that in the circumstance of your case, a duty of care was not required.
As you can see, the criminal law surrounding your case can be quite complicated. This is why we urge you to work with our experienced lawyers, as they will be able to help you through this distressing and complex time. Here at The Law Place, we want to help in any way possible. We pride ourselves as a law firm that puts the client’s best interests at the heart of what we do. Contact us today for a free consultation and to begin your steps to fight your charges.
Choosing Your Criminal Defense Attorney
We recognize that picking a criminal defense attorney is a huge decision and not one you want to take lightly. You need to pick the most suitable attorney for you. We also understand that it is difficult to place trust in a stranger, especially as they are handling such serious matters. Unlike other law firms, at The Law Place, you can be assured that all of the lawyers on our team are trained in offering the best legal advice. The majority of our lawyers have an AVVO rating of 10.0 – the best of the best.
The relationship you develop with your lawyer is important, as you will be working with them closely through each step of this legal process. At The Law Place, our law firm strives to build a strong attorney-client relationship built on trust. At the end of the day, your future lies in their hands, and when sharing such personal information with someone, you need to be able to feel comfortable with them. Understanding is crucial in this kind of relationship, as the attorney needs to be able to talk with their client throughout this process and respect their wishes. As a law firm, we wish to ensure that both the client and attorney have a clear understanding of what is at stake. Your lawyer shouldn’t just be there for you for the duration of the case – they need to care about the outcome of it. Your attorney should work towards the goal of achieving the best possible outcome for you.
You should not hesitate to ask for a record of your attorney’s work on past cases, as this will give you a stronger understanding of the work they do and their success rates. A reputable law firm should willingly give you this information upon request.
Contact The Law Place in North Port Today
If you or a loved one are facing culpable negligence charges, contact The Law Place in North Port, FL., for a free consultation with a member of our team today.
The sooner you get in contact with us, the better. Understanding the law is confusing at the best of times, with lots of technical terminology that won’t be familiar to you. We wish to ease this anxiety, and our lawyers want to be able to guide you through your case, offering explanations on what the process will be and readily answering any queries you may have.
During your free consultation, any of the information you decide to share with us will remain entirely confidential. Our attorneys will be judgment-free, as they used to listening to and fighting for all sorts of criminal defense cases. Our telephone lines are available at a time that works best for you as we keep them open 24 hours a day, 7 days a week. So, someone will always be on the other end of the line, ready to take your call.
Call us now on (941) 444-4444 for your free consultation!