The penalties for an arson conviction are not to be taken lightly. You may face years in prison and thousands of dollars in fines. If you injure a person during the act, your penalties may be even steeper. If someone dies, law enforcement may also charge you with murder or manslaughter. Even if you did not know a person was present at the time of the act, the courts will take this extremely seriously.
As a convicted felon, you will lose your right to vote, become limited in your employment and housing options, lose your right to own a firearm, and much more. With so much at stake, you need an arson lawyer defending you in court.
Law enforcement may charge you with arson any time fire or an explosive is intentionally set in a dwelling, structure, or to a property such as a car. It does not matter whether individuals are present at the time of the incident.
Sometimes, fires or explosions happen accidentally during a less severe crime, such as trespassing or vandalism. These crimes are generally misdemeanors, but when law enforcement adds arson to the list, it gets even more serious.
Arson Charges
Arson typically occurs in several different settings. It is a common way for an individual to destroy evidence of another crime. Additionally, it may be part of vandalism gone wrong. Or, it may be part of insurance fraud in an attempt to collect money on a destroyed building or piece of property. Still, it may also be done with malicious intent. No matter the scenario, it will remain a felony charge for which you will face severe consequences upon conviction. For that reason, an arson charge is not one to face without a defense attorney.
Under Fla. Stat. § 806.01(1), arson is charged in the first degree when the fire or explosion damages a dwelling, whether or not anyone is home, a structure where people are normally present, such as a school, church, hospital, or office building during its normal hours, or any other structure the defendant knew or had reason to believe was occupied. First-degree arson is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.
If the State cannot prove the structure fits one of those categories, the charge cannot be first-degree arson. The statute also covers damage caused by fire or explosion while the defendant is committing another felony, such as destroying evidence or insurance fraud. That does not turn every accidental fire during a crime into arson, because the State must still prove the underlying felony and that the fire or explosion caused the damage, so the other charges in a case can matter as much as the fire.
This can be dubious, as many arson charges occur while trespassing or committing another act of vandalism. For this reason, put an arson lawyer on your side. That representation may help get your charges reduced or dismissed.
Damage by fire or explosion to any other structure or its contents is second-degree arson, a second-degree felony punishable by up to 15 years in prison and a $10,000 fine (Fla. Stat. § 806.01(2)). The consequences are less severe than a first-degree conviction, but only by degree. However, since a felony conviction will follow you for life, you should take a second-degree arson charge just as seriously.
Second-degree arson can entail acts such as setting smaller objects on fire or small structures where individuals do not live or work. Examples include sheds, vacant commercial buildings, vehicles, and boats. If anyone is injured by the fire, including a firefighter, the State can add a separate charge of arson resulting in injury under Fla. Stat. § 806.031, a first-degree misdemeanor for bodily harm and a second-degree felony where the injury is great bodily harm, permanent disability, or permanent disfigurement.
An arson lawyer, such as Matt Shafran at Weinstein Legal Team, can use a variety of strategic defenses in an attempt to get your charges reduced or dismissed. The most significant is proving a lack of intent. Arson is a crime that a person must participate in intentionally.
If a prosecutor cannot prove that you meant to start a fire or explosion, it may be ruled as an accident. This can help get your charges reduced.
An arson attorney will also attempt to establish your innocence by proving you have an alibi. That is, if you were somewhere else at the time of the fire, it is unlikely that you are the one who set it.
Other defenses include lack of proof and lack of motivation. Remember, the courts must prove beyond a reasonable doubt that you are the one responsible for the fire. If there is no proof that you are the one who committed the crime, you cannot receive a conviction.
Arson prosecutions also rest on origin-and-cause opinions from fire investigators, and that science can be attacked. Older methods that read pour patterns or assumed an accelerant from the burn damage have been discredited under the modern NFPA 921 standard, and an independent fire expert who finds an accidental or electrical cause can take the whole case apart.
When you contact criminal defense lawyer Matt Shafran at Weinstein Legal Team, he will start working on your case immediately. As soon as law enforcement charges you with arson, contact the firm. You do not have to speak to the police without a lawyer present. Do not let investigators tell you otherwise. Instead, contact Mr. Shafran for representation.
At Weinstein Legal Team, you will have access to your lawyer around the clock, 365 days a year. Whether you need help, have questions or need support, Mr. Shafran and the team are here for you. We pride ourselves on communication with our clients, and you will never be left in the dark regarding your case.
