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Culpable Negligence

Culpable Negligence can be defined as acting recklessly without caution and putting another individual at risk of either injury or death. Every citizen has the responsibility to hold themselves to a standard and act in a reasonable manner towards one another. If that responsibility is violated and there is a conscious intention to harm or hurt another citizen then the violation is considered negligence.

  • Under what circumstances can an individual be charged culpable negligence?
  • What are the penalties if found guilty of culpable negligence?
  • How will a culpable negligence lawyer help an individual? What line of defenses can be formed?

Culpable negligence is an action that shows a blatant disregard to an individual’s life or a disregard for the safety and general well being of the public. When a homicide doesn’t meet the legal definition of murder, the Florida state laws permits a prosecutor to pursue a manslaughter charge. In the state of Florida manslaughter can be either voluntary or involuntary. Voluntary manslaughter is an act that an individual takes to intentionally cause hurt or harm to another citizen. Involuntary manslaughter does not require a person to have the intention of harming another individual but yields the same result of voluntary manslaughter.

In order for a prosecutor to prove involuntary manslaughter they need to show that the defendant acted with culpable negligence. An example of culpable negligence would be if an individual were in possession of a gun without the knowledge of it being loaded and then accidentally firing the gun and harming someone. This scenario would most likely meet the requirements that can lead an individual to being charged with culpable negligence.

In the Miami, Florida area a prosecutor can also pursue culpable negligence if a defendant uses inappropriate force during an incident when he or she is using self -defense. In cases like this, both the prosecution and defense will look at all the facts surrounding the case to see if the defendant had reason to defend him or herself in such a serious manner or if their actions could be defined as recklessly acting without reasonable caution.

Manslaughter is recognized as a second-degree felony by Miami, Florida law. Second-degree felonies can result in a lengthy prison time of up to fifteen years and hefty fines of $10,000. In the circumstances where a defendant is being accused of manslaughter of a child or a senior citizen, Florida will treat the case as a first-degree felony. A first-degree felony can potentially increase the length of imprisonment to up to thirty years. In every case the Florida law will look at the defendant’s past history to distinguish whether or not he or she has had a lifetime of criminal behavior or if they have been a violent offender on more then one occasion. If the law finds that the defendant is a habitual offender then he or she may be subjected to have an increased punishment.

When being charged with culpable negligence in Miami, Florida a defendant has the best chance at defending themselves against recklessly acting without reasonable action by gaining the services of an attorney that has experience in culpable negligence Florida cases. Through various forms of investigation a qualified attorney may be able to find justifiable use of deadly force for their client or prove that their client used justifiable force and was not recklessly acting without reasonable action. It is rare that an individual who is found guilty of culpable negligence under Florida law will not face jail or prison time. This makes it essential to hire an attorney as soon as possible.

If you or someone you know has been charged with recklessly acting without reasonable action in Miami, Florida, a seasoned attorney will be able to advise and guide you through the course of action that will give you the best chances of escaping these very serious charges.

Yale Galanter

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