I have extensive experience in defending arson cases in Orange and Seminole County. I examine each arson case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced arson attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Is there a lack of evidence or a conflict in the evidence?
• Are others involved? Are you just a minor participant to this incident?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Were there any witnesses to this incident? Is there any video evidence of this incident?
• Are there other factors or motivations that show lack of intent to commit a crime?

WHAT IS ARSON?

Under Florida law 806.01, Arson is defined as the willful and unlawful damaging of any structure or property through the use of fire or an explosion. A person can be charged with arson if they intentionally set fire to any building, vehicle, or other real or personal property, regardless of whether the property belongs to them or someone else.

HOW IS arson proven IN FLORIDA?

To prove the crime of arson, the State must prove the following four elements beyond a reasonable doubt: Read the full arson jury instructions here.

1. 1. A person caused damage to any structure by fire or explosion; AND
   2. The damage was done willfully and unlawfully, or it was done while a felony was being committed.

   Definition of Structure

   “Structure” means any building, enclosed area with a roof over it, land, tent or other portable building, vehicle, vessel, watercraft, or aircraft.

Penalties for arson

Arson is a serious crime in Florida, with potentially life-altering consequences for those convicted. Arson can be classified as a first or second degree.

First degree arson:

This is the most serious arson offense. A conviction for first-degree arson can result in a penalty of 30 years of imprisonment and a $10,000 fine.

Arson in the first degree occurs when a person willfully and unlawfully causes damage by fire or explosion to:
-Any dwelling, whether occupied or not, or its contents
-Any structure where people are normally present, such as a school, church, or healthcare facility, regardless of whether the structure is occupied at the time of the crime
-Any other structure that the person had reasonable grounds to believe was occupied by a human being

Second degree arson:

Occurs when a person intentially burns or causes damage by fire or explosion to any property or structure not covered under first-degree arson. As a second-degree felony it has penalties of up to 15 years in prison and a $10,000 fine.

DEFENSES FOR ARSON

There are many defenses available to contest a charge of arson in Florida. Some of the more common defenses include the following:

• Lack of Intent
• Mistaken Identity
• Accidental Fire
• Insufficient Evidence

I DEFEND ALL central Florida arson CASES

If you were recently arrested or charged with any Florida arson offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.