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Arson Helping Good People Through Difficult Situations

St. Petersburg Arson Defense Attorney

Arson Generally

Arson involves the intentional damage to property by fire or explosion. "Property" includes both "real" (such as a house, condominium, or apartment) and "personal" (such as car, boat, or airplane). Total destruction of a house, structure, or conveyance is not required to sustain an arson charge. Any degree of damage, whether by fire or explosion, will suffice. Arson offenses occur in the Tampa Bay area more frequently than you may think. Every couple of months, a news article will surface detailing the circumstances under which a person was arrested, charged, and prosecuted for arson.

Florida law draws a distinction between arson in the first degree and arson in the second degree. A person may be charged with arson in the first degree where he or she either (1) intentionally; or (2) while in the commission of any felony, damages any dwelling (or its contents), whether it is occupied or not, by fire or explosion. A person may also be charged with arson in the first degree if he or she damages, under the same circumstances, any structure (or its contents) where persons are normally present or where the person knew or had grounds to believe it was occupied by another. A person may be charged with arson in the second degree where he or she either (1) intentionally, or (2) while in the commission of any felony, damages any structure by fire or explosion. It does not matter whether the property belongs to the defendant or to someone else. Thus, what distinguishes arson in the first degree from arson in the second degree is not the manner or means by which the crime was committed or the extent of damage; the distinction lies in the type of property affected. The former involves either (1) a place where people live; or (2) a structure where people normally congregate (such as a school) whereas the latter involves any other type of structure (such as a storage shed).

Arson in the first degree is a first degree felony, which is punishable by up to thirty years in state prison. It is also a level 8 offense on the sentencing guidelines, which means a person charged with this particular offense will be scoring mandatory prison time. Arson in the second degree is a second degree felony, which is punishable by up to fifteen years in prison. It is a level 7 offense, which also scores mandatory prison, without regard to any additional offenses or prior record. Sentencing In Florida can be very complicated. and therefore, specific questions should be directed to an experienced St. Petersburg area criminal defense attorney. For more information, see the "Sentencing" section of our website.

If, during the commission of an arson offense, the defendant causes injury or harm to a firefighter or other person, the defendant may be prosecuted for "Arson Resulting in Injury to Another", a separate offense. The person can be prosecuted even though he or she did not intend to cause such harm (most criminal offenses require either a general or specific intent to commit a crime; this is an example of what is called a "strict liability" crime). Even though this offense results from the same episode as the underlying arson crime, the person may be convicted and sentenced for both - there is no double jeopardy prohibition under these circumstances. Also, a conviction on the underlying arson charge is not necessary to sustain a conviction for arson resulting in injury to another. If "bodily harm" results, the offense constitutes a misdemeanor of the first degree, which is punishable by up to a year in the county jail. If "great bodily harm", "permanent disability" or "permanent disfigurement" result, the offense constitutes a second degree felony.

Applicable Florida Statute

The following is a list of Florida statutes that pertain to arson offenses and those that relate to arson, as set forth in Chapter 806.

Florida statutes § 806.01 provides as follows:

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