Florida Arson Laws

Property crimes encompass a wide range of offenses, from vandalism to trespassing. One of the most serious property crimes is arson. The crime of arson involves a person intentionally setting a fire or using explosives to damage property.

In some arson cases, the perpetrator sets fire to a structure that has people in it. In others, the fire involves unoccupied property, such as an empty office building or warehouse.

When arresting someone for arson, law enforcement considers the suspect’s use of tools and whether their actions caused injuries. If someone uses a firebomb, it’s hard for them to argue that they didn’t intend to cause a fire or explosion.

This article examines and explains how Florida’s arson laws work, including the penalties and defenses to this offense. If you’re facing arson charges, consider contacting a local criminal defense lawyer to discuss your case.

Degrees of Arson in Florida

Florida law recognizes several degrees of arson. The penalties increase due to certain factors, such as injuries caused or prior arson convictions.

In general, first-degree arson involves damaging a dwelling or structure via fire or an explosion. A dwelling refers to a place where people live or reside, while a structure means any building of any kind, any enclosed area with a roof over it, any real property, tents or other portable buildings, and any vehicle, vessel, watercraft, or aircraft.

Lesser charges of arson often involve the destruction of structures that do not usually contain people or property. Arson is a felony offense in almost all cases.

How Florida Statutes Define Arson

A person commits first-degree arson when they willfully and unlawfully use fire or explosives to damage the following:

• Any dwelling (occupied or not)
• Any structure where people are often present, such as health care facilities, office buildings, or churches
• Any structure that the defendant knew or should have known was occupied by a person

A person is also guilty of this arson offense if they set fire to a structure or other property during the commission of another felony.

A person commits arson in the second degree when they willfully and unlawfully use fire or explosives to damage any structure aside from the property listed under first-degree arson.

Additional Charges for Injuries Caused by Arson

Florida law provides for additional criminal charges when arson results in injuries to any person, including firefighters. These charges are separate from the underlying arson offense and apply regardless of whether the defendant intended to harm anyone.

Under the Florida Statutes, the following apply when injuries are connected to an arson charge:

• First-degree misdemeanor: If the arson results in any bodily harm to a firefighter or any other person, the defendant faces an additional first-degree misdemeanor charge (up to one year in jail and fines up to $1,000)
• Second-degree felony: If the arson results in great bodily harm, permanent disability, or permanent disfigurement to any human being, the defendant faces an additional second-degree felony charge (up to 15 years in prison and fines up to $10,000)

These injury-related charges can be prosecuted and sentenced separately from the arson charge itself. A person can be convicted under this statute even without a conviction for the underlying arson offense.

Types of Property Subject to Arson Charges

Arson cases often involve real property, but not always. Some arson involves other types of property. An individual may set fire to another person’s car or watercraft. It all depends on what the person is trying to achieve when they decide to set a fire or cause an explosion.

Some of the types of properties that are vulnerable to arson include:

• Personal property such as a boat, motorcycle, or motor vehicle
• Commercial buildings, such as department stores and restaurants
• A portable building, such as a shed or mobile home
• Detention centers, such as jails and prisons
• Educational institutions
• A building of any kind
• Land within an enclosed area, such as a section of a ranch, an auto garage, or other structure

Intentional destruction of property will likely result in felony charges. If you’re facing arson charges, meeting with an experienced arson defense attorney can help you craft a strong defense strategy.

Potential Penalties

Under Florida law, the motive for arson does not affect the penalties. The penalties are the same regardless of the motivation. The penalties are outlined in the table below:

The injury-related charges in the last two rows are additional, separate charges that apply regardless of the defendant’s intent and can be sentenced consecutively with the underlying arson charge.

Possible Defenses

The state must prove its case beyond a reasonable doubt. Because arson requires that a person “willfully and unlawfully” cause fire or explosion damage, an arson defense attorney may raise one of the following defenses:

• Lack of intent: Since arson requires willful conduct, showing that you did not intentionally set the fire is a strong defense. If you were burning trash in a permitted area and the fire spread to a nearby structure, you may argue that you lacked the intent to damage that property. The prosecution must prove you acted willfully.
• Mistake of fact: You may argue that you made an honest mistake about a critical fact. If you believed you had permission from the property owner to burn and dispose of debris on the property, this defense challenges whether you acted unlawfully.
• Accidental fire: This defense asserts that the fire started accidentally without any intentional act on your part. The cause could have been faulty wiring, a lightning strike, or a spark from a firepit. An attorney may present evidence, such as fire investigation reports or expert testimony, to show the fire’s origin was accidental rather than intentional insurance fraud.
• Alternative cause: Your defense may argue that something or someone other than your actions caused the fire. This could include showing that another person set the fire, that it spread from a different source, or that it came from someone else’s discarded cigarette. This defense creates reasonable doubt about whether you were actually responsible for the fire damage.

An experienced criminal defense attorney can evaluate the specific facts of your case and determine which defense strategy is most likely to succeed.

Seek Legal Advice

A conviction for a criminal offense like arson will impact the rest of your life. Not only will you face prison time, but you’ll also have to pay hefty fines. Even if you get out of prison, it will be difficult to find a job with an arson conviction on your criminal record.

The best way to improve your chances of an acquittal or a favorable plea bargain is to retain an experienced criminal defense attorney. They can explain the charges against you and walk you through your options.