Arson Charges Defense Lawyer in Florida

Repercussions of an Arson Conviction in Florida

The penalties for an arson conviction in Florida vary depending on the sentence itself. First-degree convictions carry harsher punishments, including longer imprisonment and probation periods, while second-degree convictions carry comparatively lesser punishments. Additional charges may apply in cases involving bodily harm to another person.

First Degree

First-degree arson is a first-degree felony in Florida. It can result in up to 30 years in prison, 30 years of probation, and a maximum fine of $10,000. At a minimum, those convicted of first-degree arson will face 21 months in prison. However, a lesser punishment may be permitted if your lawyer finds grounds for a downward departure sentence.

Second Degree

Arson in the second degree is a second-degree felony. This type of conviction can carry a maximum sentence of up to 15 years in prison, 15 years of probation, and a maximum fine of $10,000.

Like first-degree arson convictions, the minimum sentence for a second-degree arson conviction is 21 months in prison. A lesser punishment may be permitted with grounds for a downward departure sentence.

Arson Resulting in Harm to Another Person

If the fire or explosion resulted in harm to another individual, you may face additional and separate charges. Arson resulting in great bodily harm to another person is a second-degree felony that can carry a maximum sentence of 15 years in prison and fines totaling $10,000.

Arson resulting in the injury of another person, when the injury doesn’t classify as great bodily harm, is a first-degree misdemeanor. It carries up to one year of imprisonment and a maximum fine of $1,000.

Possible Defenses for an Arson Charge

If you’re facing an arson charge, it’s important to chat with a skilled arson charge defense lawyer. In these cases, the prosecutor will make it sound like the plea deal is your best option, portraying trial as a harsh alternative sure to carry more severe repercussions.

However, while the plea deal may sound like your only option, you’ve only been charged with the crime and not convicted. A knowledgeable arson charge defense lawyer can help you navigate the charge and build a strong defense for your case.

Common defenses used in Florida arson cases include:

• Lack of damage: If the prosecution can’t prove actual damage to the property, your lawyer may use lack of damage as part of your defense strategy.
• Legal authority: This defense hinges on proving that you possessed the legal authority to start the fire.
• Accidental: Florida’s arson laws cover willful and unlawful arson. If the fire was accidental and you didn’t deliberately set it, your lawyer will use that in your defense strategy.
• Alibi: If you were at a different location when the fire was started and can prove that, your alibi can be an excellent defense.
• Mistaken identity: Sometimes, eyewitnesses may incorrectly identify someone as the defendant. If that’s the case, mistaken identity can be a strong tool in your defense strategy.
• Lack of evidence: The prosecution needs adequate evidence to prove all elements of the crime in question. If they don’t have it, your lawyer can leverage that lack of evidence as part of your defense strategy.

The defenses your lawyer will use for your case vary based on factors specific to your situation. Each case is unique, so not all defenses will apply. An experienced arson charge defense lawyer will carefully evaluate your case to determine what defense strategies will best serve your interests to pursue the best possible outcome.