Arson Lawyer in Lakeland
Providing Clients With Quality Legal Representation When They Need it Most
Property crimes are typically charged as misdemeanors; the maximum jail sentence for a misdemeanor conviction is only one year. However, arson crimes carry substantial penalties. Anyone accused of arson will face felony charges, and depending on the circumstances of the case, they could spend decades behind bars. For example, defendants convicted of first-degree felony arson can be sentenced to up to 30 years in prison, with a $10,000 fine. Individuals who are convicted of a third-degree felony, such as burning to defraud an insurer, may be sentenced to up to five years in prison
In theory, the judicial system is designed with the concept that everyone is considered innocent until proven guilty. Unfortunately, this may not be the case when facing serious charges. Police will try hard to build a case against you, and prosecutors will tell you that a conviction is unavoidable. However, law enforcement officials often use deceitful tactics to get defendants to accept plea deals.
Do not let this happen to you. An arson lawyer in Lakeland can provide skilled legal representation to fight the charges. At DeMichael Law, our highly experienced arson lawyer is dedicated to providing innovative criminal defense strategies that meet each client’s needs. Our criminal defense attorney is familiar with the deceptive tactics that law enforcement agencies and prosecutors use to try and resolve cases quickly.
If you are facing charges, do not try to handle your arson case alone. Instead, contact our arson criminal defense attorney today to schedule a free consultation to learn more about how we can help.
What is Considered Arson Under Florida Law?
Prosecutors must prove several legal elements to secure an arson conviction in Florida. Under Florida law, arson includes the intentional and unlawful damage of any structure by fire or explosion. In court, prosecutors must show that a fire or explosion occurred and was intentional. Additionally, evidence obtained through a criminal investigation will need to establish that actual damage occurred and that there was no lawful purpose for the act.
For example, you typically would not be charged with arson for burning trash in your yard. Even if the fire got out of control and caused a major incident with several destroyed buildings, the fact remains that the damage was not intentional. Arson charges are also unlikely to hold up if no property damage occurs. Although the prosecution may threaten you with such charges, they must produce evidence substantiating their claims.
However, many individuals are intimidated by the thought of being convicted in arson cases and agree to plea deals that are not in their best interests.
For this reason, you need an arson lawyer in Lakeland who will fight to safeguard your rights and freedom. A well-trained defense attorney can conduct an independent investigation into the fire to determine the cause and obtain evidence that supports your case.
Our law firm will fight to ensure you are treated fairly and help you avoid the severe legal consequences that accompany arson convictions. Allow our experienced arson defense attorney to professionally assess your case and determine what potential defense strategies meet your needs.
What Are the Penalties for a Florida Arson Conviction?
Many people are surprised when they learn about the penalties for arson in Florida. After all, arson is considered a property crime. Most property crimes are charged as misdemeanors. However, the same does not hold true for arson cases.
State law stipulates that arson can be charged as a first or second-degree felony. The type of building allegedly targeted determines how an arson case is charged.
For example, the burning or explosion of any dwelling, structure occupied by people, or structure where people are typically present usually results in a first-degree arson charge. If convicted of a first-degree felony, an individual could face up to 30 years in prison. However, defendants can still receive stiff penalties even if a property is unoccupied. In Florida, a second-degree arson charge can result in a 15-year prison sentence.
While these penalties are severe, those convicted of arson crimes could face thousands of dollars in fines. An arson attorney in Lakeland may be able to help minimize fines and other penalties. However, arson charges often accompany additional allegations (e.g., fraud, vandalism, destroying evidence). An arson conviction is merely a fraction of the problem in cases that involve other criminal offenses.
Due to the legal complexities involved with arson cases, you must have an attorney with experience with multiple aspects of the criminal justice system. Our arson lawyer has comprehensive experience helping clients charged with multiple criminal offenses.
Are There Any Legal Defenses for Arson Charges?
Depending on the severity of the crime, if you are facing arson charges, the prosecutor will most likely offer a plea deal. A prosecutor may promise that a plea deal is the best outcome for your case. The state will also try to convince you that the alternative choice of going to trial is an unwise decision that will result in severe consequences.
However, it is important to realize that you are not guilty just because you have been charged with a criminal offense. Even if the prosecutor claims the evidence proves their case, they may try to intimidate you into pleading guilty
Some of the most common defenses to Florida arson charges:
- Authority: Proving that you had the legal authority to start a fire can derail arson charges
- Accidental: An arson charge cannot be supported if the fire was started by accident
- Alibi: Providing evidence that you were not present or did not start a fire is often a stellar defense
- No damage: It is frequently possible to show that the prosecution cannot prove actual damage to property
- Statute of limitations: The prosecution only has four years to bring first-degree arson charges
- Lack of evidence: A prosecutor must prove all elements of a crime. Otherwise, a conviction is unlikely
There are many options available when fighting serious arson charges. However, you must always consult with an arson lawyer in Lakeland who will determine which defense strategy will work best for your case.
You need a strong legal advocate who is committed to helping you secure a favorable outcome. Sometimes, an experienced criminal defense attorney can file legal motions to stop arson charges from ever making it to trial. Contact us today to schedule your consultation with our experienced attorney.
Why Should I Trust Your Lawyer to Defend My Against Arson Charges?
If you have been charged with arson in Florida, you face the potential of being sentenced to significant time in prison and ordered to pay steep fines. In some instances, individuals found guilty of the crime of arson could spend as much time in prison as those convicted of homicide. You want to avoid such an outcome at all costs. The legal process involved with defending your case will look different depending on the circumstances involved. However, consulting with a criminal defense attorney is always in your best interest.
At DeMichael Law, we are passionately committed to protecting our clients’ rights. The legal system has railroaded far too many people over the years. Remember, it is not your job to prove your innocence. Instead, it is up to the state to produce evidence beyond a reasonable doubt that you are guilty of arson.
Our law firm can provide you with aggressive legal representation to prevent this from happening. We have a proven record of being able to work with prosecutors to negotiate plea deals that are in our client’s best interests. Nevertheless, we will work for the best outcome if a conviction is unavoidable.
You need an arson lawyer in Lakeland who is fearless in standing up to state prosecutors. Call DeMichael Law at (863) 216-1831 to schedule a free, no-obligation consultation so we may professionally evaluate your case.