Criminal defense
Culpable Negligence Charges in Miami
A mistake that hurts someone is usually a civil matter, not a crime. Florida's culpable negligence law is for something more: conduct so careless that it shows an utter disregard for other people's safety. The line between the two is where most of these cases are won or lost.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the State Must Prove
Under Florida Standard Jury Instruction (Criminal) 8.9, the State must prove that you either exposed someone to personal injury or inflicted actual personal injury on someone, and that you did so through culpable negligence. Read the official text on our 8.9 Elements page.
The instruction tells jurors that culpable negligence is more than a failure to use ordinary care. In its words: "For negligence to be culpable, it must be gross and flagrant." It describes a course of conduct showing a grossly careless disregard for the safety and welfare of the public, committed with an utter disregard for the safety of another.
Penalties (Fla. Stat. § 784.05)
- Exposing someone to personal injury: second-degree misdemeanor (up to 60 days in jail and a $500 fine). No actual injury is required.
- Inflicting actual personal injury: first-degree misdemeanor (up to 1 year and $1,000).
- Leaving a loaded firearm within reach of a minor (under 16) who gets it and uses it to injure or kill anyone, including himself or herself: third-degree felony (up to 5 years and $5,000).
The firearm felony does not apply when the gun was in a securely locked box or container, in a place a reasonable person would believe secure, or secured with a trigger lock; when the minor got it through someone's unlawful entry; to target, sport-shooting or hunting accidents; or to military and law enforcement members in the course of their duties. When a minor child is accidentally shot by another family member, the law bars an arrest under that subsection until 7 days after the shooting.
Common Situations in Miami
- A loaded gun left in a nightstand, car console or backpack where a child finds it. See Gun and Weapons Charges.
- A charge added after a car or boat crash. See Boating Accidents.
How We Defend Culpable Negligence Charges
- Ordinary negligence is not enough. We show the jury where the line is and why your conduct falls on the civil side of it.
- The firearm exceptions: locked storage, trigger locks, a place a reasonable person would believe secure, or an unlawful entry.
- Injury and causation. For the first-degree misdemeanor, the State must prove actual injury caused by your conduct.
- The age of the minor in the firearm felony: the law defines a minor as a person under 16.
What to Do First
- Get medical help for anyone injured.
- Do not give a statement to police or DCF before talking to a lawyer.
- Keep proof of safety steps, such as a lock box, a trigger lock or receipts.
- Call us.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
You can read about some of our past cases on our Results page.
Frequently Asked Questions
What is culpable negligence?
Negligence that is gross and flagrant: conduct showing a grossly careless disregard for the safety of others. Ordinary carelessness is not enough.
Is it a crime to leave a gun where my child can reach it?
If the gun was loaded and a minor under 16 got it and used it to injure or kill anyone, it can be a third-degree felony, unless an exception applies, such as a locked box or trigger lock.
Is culpable negligence a violent crime?
It is listed with assault and battery offenses in Florida's statutes, but it does not require any intent to harm. That is often the heart of the defense.