CulpableNegligence
Broward County Culpable Negligence Lawyers
Serving clients in Miami-Dade, Broward, and West Palm BeachCulpable negligence is a criminal charge that can arise when someone’s careless or reckless behavior results in harm to another person. While it may not sound as serious as assault or battery, Florida law considers culpable negligence a criminal offense—not just a civil issue. That means jail time, a permanent criminal record, and life-altering consequences are on the line.
If you’ve been charged with culpable negligence, you may feel blindsided, especially if you never intended to hurt anyone. You might have made a mistake, trusted the wrong person, or simply failed to foresee a dangerous outcome. But a lack of intent does not guarantee leniency in the eyes of the court.
At Bozanic Law, we understand that these cases are often complex, emotional, and filled with misunderstanding. Our job is to help the court see the full picture—and to protect your freedom by crafting a powerful legal defense on your behalf.
What Is Culpable Negligence Under Florida Law?
According to Florida Statute §784.05, culpable negligence occurs when a person engages in conduct that shows a reckless disregard for human life or the safety of others. The law distinguishes this from ordinary negligence (which typically results in civil liability) by focusing on a higher degree of carelessness or recklessness.
Common examples include:
- Leaving a loaded firearm where a child can access it
- Driving under the influence with passengers in the vehicle
- Failing to secure dangerous pets that then injure someone
- Operating machinery or performing medical tasks without proper training
- Negligent supervision of children in hazardous environments
Culpable negligence can be charged as either a misdemeanor or a felony, depending on the level of harm:
- Misdemeanor: When the conduct exposes someone to harm, but no serious injury occurs
- Felony (Third-Degree): When the conduct causes actual personal injury or death
Penalties may include:
- Up to 5 years in prison
- Lengthy probation periods
- Thousands in fines
- Loss of professional licenses
- Permanent criminal record, impacting jobs, housing, and custody
Situations That Commonly Lead to Culpable Negligence Charges
While these charges can arise in any setting, some of the most frequent situations include:
- Parents or guardians leaving children unattended in unsafe situations
- Healthcare professionals or caregivers accused of gross neglect
- Gun owners failing to properly secure weapons
- Animal owners whose dangerous pets injure someone
- Employers or supervisors failing to enforce safety measures on job sites
In some cases, the incident may have been a genuine mistake or involved factors out of your control. But prosecutors often move quickly in these cases to seek a conviction, especially when there’s pressure from the media or the alleged victim’s family.
What Should You Do If You’re Accused of Culpable Negligence?
These accusations can feel overwhelming. You might be experiencing fear, guilt, anger—or all three. But it’s critical that you don’t panic or attempt to explain your actions to law enforcement without legal counsel.
If you are charged or under investigation:
- Remain silent and contact a criminal defense attorney immediately
- Document everything you remember, including timelines, witnesses, and conditions
- Preserve any evidence, such as text messages, security footage, or photos
- Avoid any contact with alleged victims, which could be misinterpreted
- Let Bozanic Law step in early to protect your rights and build your case
How We Build a Strong Defense for Culpable Negligence Cases
At Bozanic Law, we understand that being accused of culpable negligence doesn’t mean you are guilty of a crime. We carefully investigate the facts of your case, analyze the level of care that was reasonably expected, and assess whether your conduct truly rose to the level of criminal recklessness.
Our defense strategies may include:
- Proving that your actions did not demonstrate a reckless disregard for safety
- Challenging the credibility of witnesses or investigators
- Demonstrating that the harm was caused by another party or unavoidable circumstances
- Arguing that the alleged risk was not foreseeable
- Filing motions to suppress improperly obtained evidence
- Negotiating for dismissal or reduced charges through diversion programs or alternative sentencing
We will also seek out expert testimony when needed—from childcare specialists, safety experts, or forensic professionals—to challenge the state’s narrative and protect your future.
Trial or Resolution: What Path Is Right for You?
Not all culpable negligence cases go to trial. In fact, early negotiation and case presentation can lead to reduced charges, dismissal, or entry into diversion programs. However, when the prosecution refuses to acknowledge the truth of your situation, we are ready to defend you in court—with clarity, conviction, and compassion.
Why Choose Bozanic Law
Attorney Zeljka leads our firm with a passion for justice and a dedication to protecting people during the worst moments of their lives. We treat every client with dignity, listen without judgment, and provide the kind of legal advocacy that makes a difference in court.
We are here to help you move forward—not backward.
📞 Call 954-800-2864 now to schedule your free, confidential consultation. Let us help you protect what matters most.
