Culpable Negligence
Florida law provides that each of us has a duty to act reasonably towards other people. When it is alleged that a violation of that duty occurs, even without any conscious intention to harm the other person, the violation is negligence. Culpable negligence requires showing more than the mere failure to use ordinary care for another. In order for the negligent conduct to rise to the level of culpable negligence, the conduct must be flagrant and gross. During the course of conduct it must be shown the defendant acted with wantonness or recklessness by:
- showing such an indifference to the rights of others as is equivalent to an intentional violation of such rights;
- a grossly careless disregard for the welfare and safety of the public;
- a disregard for the safety of persons exposed to its dangerous effects or human life; or
- an entire want of care as to raise a presumption of a conscious indifference to the consequences.
Tallahassee Culpable Negligence Defense Attorney
If you have been charged with the serious criminal offense of culpable negligence, then contact a criminal defense attorney at the Law Offices of Don Pumphrey, Jr. Prosecutions under Florida's culpable are extremely controversial because no intention to commit any harm is required. Often these cases are selectively prosecuted to advance some political cause. An aggressive prosecution requires an aggressive defense. We can discuss the facts and circumstances of your case, including possible defenses to help you fight the charges.
Back to top
Elements of Culpable Negligence in Florida
The criminal offense of culpable negligence under Florida Statute Section 784.05 provides for the following elements that must be proven beyond all reasonable doubt:
- The defendant committed an act which either inflicted actual personal injury on the victim; or exposed the victim to personal injury (even if no actual injury occurred); and
- The defendant did so through culpable negligence.
Back to top
Culpable Negligence Statue
Florida's culpable negligence statute section 784.05 provides for criminal punishments when conduct rises to the level of culpable negligence. Similar to the reckless driving statute, no actual harm must be proven. These cases are difficult to prosecute because the prosecutor must establish the Defendant's state of mind in acting or failing to act.
Back to top
Culpable Negligence Resources
Florida's Culpable Negligence Statute - Read the statutory language for Florida's culpable negligence statute from Online Sunshine the official internet site of the Florida Legislature.
Culpable Negligence Definition - General definition of culpable negligence often used with manslaughter, driving prosecution including synonyms, related words, and antonyms.
Back to top
The Law Offices of Don Pumphrey, Jr. | Culpable Negligence Defense Lawyer in Tallahassee
Attorney Don Pumphrey represents men and women being prosecuted under Florida's culpable negligence statute in Tallahassee in Leon County, FL, and the surrounding areas of the Big Bend region of North Florida including Crawfordville in Wakulla County, Quincy in Gadsden County, Bristol in Liberty County, or Monticello in Jefferson County, Florida. Whether the charge of culpable negligence was related to a DUI charge or other serious traffic offense, it's important to speak with an attorney familiar with these cases who can protect your rights.