What is criminal negligence? You may have heard the term, however, you may not be familiar with the true criminal negligence definition and everything it entails. If you find yourself facing charges, hire a defense attorney for criminal negligence in Florida right away. As the charge can encompass and apply to a wide variety of crimes, each case is highly nuanced and you must have an experienced legal team on your side fighting on your behalf.
If you are under investigation or already charged, a Fort Lauderdale criminal defense attorney at Weinstein Legal Team can take the case. You do not have to prove you are innocent; the state has to prove culpable negligence beyond a reasonable doubt, and the sooner a defense lawyer is involved the more of the evidence is still there to work with. Call 954-845-0505 for a free case evaluation.
What Is Criminal Negligence Under Florida Law?
Florida does not use the phrase "criminal negligence" in its criminal code. The offense is culpable negligence, and it is defined by Florida Statute 784.05. Under section 784.05(1), exposing another person to personal injury through culpable negligence is a second-degree misdemeanor. Under section 784.05(2), actually inflicting personal injury through culpable negligence is a first-degree misdemeanor.
If someone dies, the charge is not a misdemeanor. Under Florida Statute 782.07(1), a killing caused by the culpable negligence of another, where it is neither excusable homicide nor murder, is manslaughter, a second-degree felony. There is no Florida offense called involuntary manslaughter; chapter 782 of the Florida Statutes lists manslaughter, vehicular homicide and vessel homicide, and a culpable negligence death is charged as manslaughter under section 782.07(1).
Intent is not an element. Culpable negligence covers people who did not mean to hurt anyone and were careless in a way the law treats as criminal, which is why an accident can still end in charges.
Do not let a mistake or error in judgment affect you for the rest of your life. As charges of criminal negligence often come with jail time and a permanent record upon conviction, hire a defense lawyer to represent you in a court of law.
Criminal Negligence vs. Civil Negligence
The difference is the size of the departure from reasonable care, and it decides which court you are in. Civil negligence is a failure to use the care an ordinarily careful person would use, and a plaintiff proves it by the greater weight of the evidence to recover money. Culpable negligence under Florida Statute 784.05 is far more than that. Florida courts describe it as a gross and flagrant course of conduct showing reckless disregard for human life or for the safety of others, and the state has to prove it beyond a reasonable doubt to convict.
That gap matters in practice. The same set of facts can support a civil claim and still fall well short of a criminal charge, and a driver or a business can lose a civil suit over conduct no prosecutor would file on.
Examples of Criminal Negligence
If you're asking what is criminal negligence, you are also likely wondering about specific circumstances and examples that may result in the charge. As the definition is broad it can encompass many different acts. However, there are common scenarios in which individuals face charges for criminal negligence as a result of their actions.
Car Accidents
You may face charges for criminal negligence if you are arrested for a criminal traffic offense, such as driving while under the influence of drugs or alcohol or committing bodily harm with a vehicle. If your actions injure or kill another person, law enforcement may charge you. By the definition, driving under the influence meets the criteria for acting recklessly and without reasonable caution.
However, you may also face these charges if you are sober and cause an accident that harms another individual. Excessive speeding, street racing, and driving recklessly may meet the criteria for the criminal charge. In recent years, some prosecutors have pressed charges for criminal negligence against drivers who were texting or talking on the phone while driving and caused a motor vehicle accident.
Mishandling a Firearm
Mishandling a firearm is another common scenario that can result in charges of criminal negligence if a person sustains an injury or dies. This is another broad definition that can encompass many different acts.
Florida has a specific statute for the first of those. Under Florida Statute 784.05(3), storing or leaving a loaded firearm within the reach or easy access of a minor is a third-degree felony if the minor gets the firearm and uses it to injure or kill anyone, including themselves. The same subsection lists the exceptions: a securely locked box or container, a location a reasonable person would have believed secure, a trigger lock, a firearm taken by unlawful entry, target, sport or hunting accidents, and law enforcement and military duty. Section 784.05(4) defines "minor" for this purpose as a person under 16.
Other firearm scenarios fall under the general culpable negligence provisions in section 784.05(1) and (2): firing a gun into the air, brandishing a weapon that discharges, or grabbing at a person who is holding one.
Endangering a Child
Another example of criminal negligence is endangering the welfare of a child, such as leaving them unsupervised at home for an extended period, bringing them into dangerous situations, or leaving them unsupervised in a vehicle. If you leave drugs within reach of children this may also be considered criminally negligent.
Over-Serving Alcohol
If you are a bartender, server, or restaurant owner you may face charges for criminal negligence if you over-serve a customer alcohol when they are heavily intoxicated. Particularly if you know that individual will be driving. Because it is reasonable to expect a heavily intoxicated person to pose a risk to themself or others, by continuing to serve them you are ignoring this risk and may be held responsible in some circumstances.
Mis-Prescribing or Over-Prescribing Medication
While misconduct by doctors often leads to medical malpractice lawsuits, certain actions can also be criminally negligent. For example, if you are a doctor and knowingly prescribe a patient a dangerous mix of medications that are known to interact with each other. Or, if you over-prescribe a patient medication, such as pain killers, that can reasonably be expected to lead to an overdose or death.
More Examples
As you can see, when looking at what is criminal negligence, there are many different examples that apply to many different areas of life. This is what makes the charge so obscure. From childcare to medical practice, driving to serving restaurant patrons, there are many possibilities where an accident can lead to criminal charges. The list above is not comprehensive. With so many details and facts, often in cases that are extremely complex, you want an experienced attorney on your side.
Legal Defense for Criminal Negligence
If you are facing a culpable negligence charge, talk to a defense lawyer early. You are not required to establish your innocence. The state carries the burden on every element, and most of the defense work in these cases is aimed at the element that is hardest to prove: that your conduct was a gross and flagrant departure from ordinary care rather than an ordinary mistake. Several defenses come up repeatedly.
Establishing Criminal Negligence
Remember, criminal negligence has much steeper requirements to meet than civil negligence. Civil negligence can apply when a person acts carelessly, but not so far off from how another person would act in a similar situation. Criminal negligence states that an individual acted with abandoned recklessness. If an attorney can establish that your actions did not significantly deviate from reasonable expectations, you may be able to beat your case.
Establishing Knowledge
When considering the criminal negligence definition, it is important to take into account that an individual must know that their behavior poses a risk to others. For example, everyone knows it is dangerous to leave a firearm within reach of a child. A prosecutor must also establish that any other person in your circumstance would be aware of the risk.
Establishing That the Behavior Was Reckless
Culpable negligence is more than a simple mistake, a lapse in judgment, a moment of inattention or ordinary carelessness. Under Florida Statute 784.05 the conduct has to be a gross and flagrant departure from ordinary care showing reckless disregard for the safety of others. If the evidence shows only ordinary carelessness, that is a civil negligence case, not a criminal one, and it is the single most common place these charges break down.
Witnesses
As with any criminal case, having witnesses to testify on your behalf can help greatly. Witnesses may be able to corroborate that you did not know of the significant danger associated with your behavior and may help establish that you did make a simple mistake or oversight. The more substantiating facts you have that point to this, the better your chances are at having a positive outcome in court.
Hiring a Negligence Attorney
If you are facing a charge of culpable negligence under Florida Statute 784.05, or manslaughter by culpable negligence under Florida Statute 782.07(1), contact Weinstein Legal Team. We will review the facts with you at no charge and tell you where the case stands.
Do not wait to contact an attorney if you have an upcoming court date. It may be possible to negotiate with the prosecutor's office before that day even arrives to arrange a lesser plea. Contact Weinstein Legal Team at 954-845-0505 and ask for criminal defense attorney Matt Shafran. Our phones are open 24-hours a day, 365-days a year.
