Arson in Florida

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During my time at the State Attorney’s Office, I attended training specific to Arson. Arson is a very serious offense, but remarkably technical in its proof.  Arson is intentionally setting a fire to, or causing an explosion in, a dwelling or structure, or any fire or explosion that occurs while committing a felony.   Arson Resulting in Injury is charged when the crime of Arson results in bodily injury to another person, and includes any injury to a rescue worker who responds to the fire or explosion. A person convicted of Arson can also be convicted of Arson Resulting in Injury. Arson is a very serious offense. There are countless technical issues which may help to turn the tide of a case. If you or a loved one has been accused of Arson Resulting in Injury in Broward County, Miami-Dade County, or Palm Beach county, call our office to speak to one of our Arson Defense Attorneys. 

DEFINITION OF ARSON IN FLORIDA 

Arson, as defined by § 806.01, Florida Statutes, involves willfully and unlawfully causing a fire or explosion in a dwelling or structure. Arson includes causing a fire or explosion in a dwelling or structure while committing a felony.

For Arson in the First Degree, the State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of Arson by establishing the following two (2) elements of the crime:

(1) The defendant willfully and unlawfully caused a fire or explosion, or while engaged in the commission of a felony caused a fire or explosion; and 

(2) The fire or explosion damaged one of the following:

(a) A dwelling or its contents whether it was occupied or not; or 

(b) A structure or its contents where persons are normally present at the time of the fire or explosion that caused the damage; or 

(c) A structure that the defendant had reason to know would be occupied by a person at the time of the fire or explosion. 

DEFINITION OF ARSON RESULTING IN INJURY IN FLORIDA 

For Arson in the Second Degree, the State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of the crime of Arson by establishing the following two (2) elements of the crime:

(1) The defendant willfully and unlawfully caused a fire or explosion, or while engaged in the commission of a felony caused a fire or explosion; and 

(2) The fire or explosion damaged a structure owned by the defendant or another; and the circumstances do not meet any condition for Arson in the First Degree.

In order to convict the defendant of Arson, it is not necessary for the State to prove the defendant intended to damage the structure.

PENALTIES FOR ARSON IN FLORIDA

(1) Arson in the First Degree is a first degree felony punishable by up to 30 years in prison and a fine of up to $10,000 as provided in §. 775.082 and § 775.083, Florida Statutes.

(2) Arson in the Second Degree is a second degree felony punishable by up to 15 years in prison and a fine of up to $10,000 as provided in §. 775.082 and § 775.083, Florida Statutes.*

PENALTIES FOR ARSON RESULTING IN INJURY IN FLORIDA

A person convicted and adjudicated guilty of the crime of Arson may be sentenced separately for any Arson Resulting in Injury committed during the same criminal event. 

(1) Arson Resulting in Injury that results in bodily harm is a first degree misdemeanor punishable by up to 1 year in prison and a fine of up to $500 as provided in § 775.082 and § 775.083 Florida Statutes. 

(2) Arson Resulting in Injury that results in great bodily harm, permanent disability, or permanent disfigurement is a second degree felony punishable by up to 15 years in prison and a fine of up to $10,000 as provided in § 775.082 and § 775.083 Florida Statutes. *

DEFENSES TO ARSON IN FLORIDA

(1) Mistaken identity 

(2) Solid alibi 

(3) The fire was not deliberately set (Mistake)

(4) The fire was accidentally or recklessly and carelessly set, but not willfully or deliberately

(5) Insufficient evidence to prove guilt beyond a reasonable doubt

EXAMPLES OF ARSON IN FLORIDA

(1) Intentionally setting a fire in a home, house of worship, or occupied building

(2) Intentionally burning an unoccupied building 

(3) Intentionally starting a fire to collect insurance 

(4) Intentionally causing a fire in a forest or field 

(5) Breaking into a building to rob it then knocking over a lantern causing a fire

If you or a loved one has been charged with Arson or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. If you need an Arson Attorney, we are ready to take your call. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation. 

* Note: Any defendant previously convicted of any combination of two or more felonies in Florida who is subsequently convicted of another felony is subject to enhanced penalties or a mandatory minimum prison term as provided in § 775.084.