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What Do You Need to Know About Arson Charges in Lakeland?
The ramifications of a Florida arson conviction can create long-lasting impacts on your life. Extensive periods of incarceration and hefty fines are possible, no matter which degree of arson you are charged with. Even after the completion of your sentence, you could experience difficulties obtaining employment, finding housing, and other social consequences.
If you are facing arson charges in Lakeland, it is critical to seek the counsel of a knowledgeable arson defense attorney who can evaluate your situation and help you explore your defense options. Understanding the degree of arson you have been charged with and the potential legal consequences is a key initial step in the process.
How Does Florida Law Define Arson?
According to Florida Statute 806.01, arson occurs when a person deliberately and unlawfully, or while committing a felony, starts a fire or explosion that causes damage to a structure. Even if the person did not intend to cause harm to a building or other structure, if they intentionally set a fire or ignited an explosion that subsequently resulted in damage, they could still face arson charges. Individuals can even be charged if they set fire to their own property; for example, burning down their business to collect insurance money could result in both arson and insurance fraud charges.
Arson can encompass a wide range of situations in Florida, as the term “structure” applies to many different property types. Under the law, a structure is defined as any of the following:
- A building
- An enclosed area with a roof over it
- A portable building or tent
- Vehicles
- Vessels and watercraft
- Aircraft
- Real property, including land and all permanent fixtures attached to the land
What Are the Two Degrees of Arson in Florida and How Do They Differ?
Although arson is an act that mainly damages property, Florida law takes it very seriously due to the potential for individuals to be harmed or killed during the commission of the crime. In many states, a lesser charge of arson is typically a misdemeanor. However, Florida categorizes both degrees of arson as felonies, and each can result in lengthy prison terms and significant fines.
First-Degree Arson
First-degree arson is the most severe arson charge because the acts involved pose a significant risk to human lives in addition to property damage. A person can be charged with first-degree arson if they intentionally, or while committing a felony, start a fire or set off an explosion that damages any of the following structures:
- A dwelling where people typically live and the contents therein, regardless of whether anyone was home at the time of the fire.
- Locations that usually contain people, such as hospitals, nursing homes, jails, and other similar structures.
- Stores, schools, businesses, and offices, if the fire occurred during normal hours of operation when people would be expected to be present.
- Any structure that the defendant knew or should have reasonably known was occupied by a person.
First-degree arson is a first-degree felony in Florida, which can be punished by a maximum of 30 years in prison and up to a $10,000 fine. Convicted individuals may be ordered to pay restitution for the damaged property, as well.
Second-Degree Arson
Second-degree arson charges may apply if the circumstances do not meet the criteria for a first-degree arson charge. Typically, second-degree arson involves damage to an unoccupied structure, such as a shed, garage, or a business outside of working hours. Second-degree arson charges may also be filed if an individual ignited a fire or explosion while committing another felony and caused damage to a structure. Second-degree arson is a second-degree felony, and a conviction can result in up to 15 years in prison, fines of up to $10,000, and court-ordered restitution to the property owner.
Is it Possible to Face Additional Charges for Arson?
Fires and explosions are highly dangerous and destructive. If an individual intentionally sets a fire and causes injury to a building occupant, bystander, or firefighter, they may face further legal consequences on top of the original arson charges. Arson resulting in great bodily harm is a second-degree felony and may be punished by a maximum of 15 years in prison and fine of up to $10,000. An arson resulting in injury is a first-degree misdemeanor. It can be penalized by up to a year of imprisonment and up to a $1,000 fine. If an individual dies in the fire or explosion, murder or manslaughter charges are possible.
Arson may also occur in conjunction with other criminal activity, such as vandalism, insurance fraud, robbery, or hate crimes. Setting a fire to cover up evidence of a crime can also result in multiple felony and/or misdemeanor charges. The circumstances will dictate the potential criminal charges, but these cases can quickly become complex. Mounting a strong defense is vital if your case involves additional charges because convictions can lead to lengthy, consecutive prison sentences.
Why is Experienced Legal Representation Crucial in an Arson Case?
Arson charges can put your future at risk. Both degrees of arson charges in Florida are felonies, and a conviction could result in many years of imprisonment and large fines. If you have been accused of arson in the first or second degree, a skilled defense lawyer from DeMichael Law can vigorously defend your rights and help seek the best possible outcome in your case. Contact our Lakeland law office today at 863-216-1831 to schedule your free case evaluation and learn how we can put our experience to work for you.
