Did you know that over 4,000 Americans are killed in fires annually and over 24,000 are injured? Arson is one of the most serious property crimes in Florida, and arson crimes are typically punished more severely than other property crimes.
How Does Florida Define Arson?
According to the Florida Statutes Section 806.01, arson is defined as, “Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged,
- Any dwelling, whether occupied or not, or its contents;
- Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or
- Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being.”
Arson can be ruled a first or second degree felony. A person is guilty of a first degree felony if they engage in any of the crimes listed above. A person is guilty of a second degree felony if they engage in any other crimes involving fire that is not listed in the definition.
In short, a first degree felony occurs when someone intentionally sets fire to property with people inside. A second degree felony occurs when someone intentionally sets fire to property that is unoccupied by people.
Penalties for Arson in Florida
The penalties for arson in Florida are harsh. The crime of first degree arson can result in a sentence of up to 30 years in prison and a $10,000 fine. The crime of second degree arson can result in up to 15 years in prison and a fine of up to $10,000.
The penalties for arson, whether first or second degree, will be higher depending on if someone was injured in the fire.
If you set fire to someone’s property as part of a hate crime, you will also be subject to increased sanctions. Per Florida Statute 775.085, a hate crime component increases an offense one degree. A charge of arson that was previously classified as a felony of the second degree will be upgraded to a felony of the first degree by the state, and a felony of the first degree will be elevated to a life felony. If you set fire to someone’s home as part of a hate crime, you might be facing life in prison without the possibility of parole.
Other Arson Laws in Florida
Preventing or obstructing the extinguishment of fire: If you damage, remove or interfere with vehicles, tools, hydrants, or other equipment that is utilized to detect, report, or extinguish fires, you may be subject to criminal penalties. If you are found guilty of this act, you will also be guilty of a felony of the third degree, which carries a maximum sentence of five years in prison and a fine of $5,000.
False Alarms of Fires: If you falsely cry out or ring any bells to indicate a fire, that is classified as a first degree misdemeanor.
Fire Bombs: If you possess, make, transport, or dispose of a fire bomb with the intent that it will destroy property, that is classified as a third degree felony.
A fire bomb is defined as a container containing flammable liquid or substances that are capable of being ignited.
Defenses to Arson Charges
Arson laws in Florida are complex, and there are a variety of defenses that a criminal defense attorney could use on your behalf. For example, the state must prove that the defendant acted with the specific intent to damage or destroy the property by fire. In some cases, a person might be able to establish that they did not have the necessary intent.
Arson is also a crime of violence, which means that the state must prove that the defendant acted with the intent to cause physical injury or property damage. The state must also prove that the fire occurred while the defendant was in the act of arson.
Hire a Defense Attorney to Help With Your Case
If you’ve been accused of arson crimes, you need a strong defense attorney to defend your rights. At Hanlon Law, we have a skilled team of attorneys who can take on your case. As you read in this article, the punishments for arson can be severe, but a good defense lawyer can reduce your sentence and defend your case.
Call our legal team today to set up a free consultation if you or someone you know has been accused of arson crimes.
Hanlon Law
1111 3rd Ave W Ste 310
Bradenton, FL 34205
(941) 253-0254
https://www.criminalattorneybradenton.net
