Culpable Negligence Lawyer in Miami, FL
Have You Been Charged with Culpable Negligence in Florida?
Culpable negligence can be defined as acting recklessly without caution and putting another individual at risk of either injury or death. When this happens, you need the defense of an experienced culpable negligence lawyer in Miami, FL Every citizen has the responsibility to hold themselves to a standard of reasonable care and act in a manner that ensures the safety and well-being of others. If that responsibility is violated and there is a conscious intention to harm or hurt another citizen, then the violation is considered culpable negligence.
Under What Circumstances Can an Individual Be Charged Culpable Negligence?
Culpable negligence is an action that shows a blatant disregard for 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, Florida state laws permit 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 as voluntary manslaughter.
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 was in possession of a gun without the knowledge of it being loaded and then accidentally fired the gun and harmed someone. This scenario would most likely meet the requirements that can lead an individual to be charged with culpable negligence.
In the Miami, Florida area, a prosecutor can also pursue culpable negligence if a defendant uses excessive force during 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.
What are the Penalties if Found Guilty of Culpable Negligence?
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, Florida law will look at the defendant’s 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 than one occasion. If the law finds that the defendant is a habitual offender, then he or she may be subjected to an increased punishment.
How will a Culpable Negligence Lawyer Help an Individual? What Line of Defenses Can Be Formed?
When charged with culpable negligence in Miami, Florida, a defendant’s best defense is hiring an experienced lawyer. A culpable negligence lawyer, like Galanter Law, P.A., can provide expertise in handling these cases in Florida. Through various forms of investigation, a qualified culpable negligence lawyer 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. Individuals found guilty of culpable negligence under Florida law rarely avoid jail or prison time. This makes it essential to hire a culpable negligence lawyer as soon as possible.
If you or someone you know has been charged with recklessly acting without reasonable action in Miami, Florida, a seasoned culpable negligence lawyer will be able to advise and guide you through the course of action that will provide the best chances of resolving these serious charges favorably. With their in-depth understanding of Florida’s laws and criminal defense strategies, Galanter Law, P.A. will thoroughly examine the details of your case, identify potential weaknesses in the prosecution’s evidence, and develop a tailored defense strategy. We will work tirelessly to protect your rights, mitigate the consequences, and pursue the best possible outcome, whether through negotiation, plea bargaining, or trial.
