Tallahassee Lawyers Outline Punishments for Different Levels of Arson
Arson is a serious crime that involves intentionally and maliciously setting fire to a building or property. In Florida, arson charges are prosecuted aggressively, and penalties can be severe depending on the circumstances of the crime. Tallahassee criminal defense lawyers outline the punishments for different levels of arson under Florida law.
First Degree Arson
First degree arson, per Florida statute 806.01, is a first degree felony punishable by up to 30 years in prison and a $10,000 fine. It involves maliciously damaging or causing to be damaged, by fire or explosion, any dwelling, whether occupied or not, or its contents.
A dwelling is defined as a building or conveyance of any kind, including any attached porch, that is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Curtilage is the land immediately surrounding the structure and associated with its use, like a backyard or patio area.So first degree arson applies when someone intentionally and with ill intent sets fire to any residential building or structure clearly meant for human habitation, whether someone is living there or not at the time. This is considered an extremely serious offense given the risks to human life.
According to Tallahassee criminal attorneys, defenses to first degree arson charges can include:
- Lack of malicious intent – the fire was accidental or set negligently without malice.
- Misidentification – the defendant was not correctly identified as the arsonist.
- Duress – the defendant acted under threat to his/her life.
- Insanity – the defendant was legally insane and unable to understand his/her actions.
However, these defenses can be difficult to prove, so skilled legal representation is critical when facing a first degree arson charge.
Second Degree Arson
Under Florida statute 806.01, second degree arson is a second degree felony with up to 15 years in prison and a $10,000 fine. It involves maliciously damaging or causing to be damaged, by fire or explosion, any structure that is not a dwelling, or its contents.
This covers setting fire to non-residential buildings and structures like commercial properties, barns, sheds, public buildings, etc. It also includes any dwelling that is abandoned or unoccupied at the time, with no contents inside.
Defenses to second degree arson are similar to first degree and include lack of malicious intent, misidentification, duress, and insanity. But again, these can be challenging to establish.Second degree arson is still a very serious charge, although penalties are not as severe as first degree given the lower risks to human life when a dwelling is not involved. But skilled legal help is still critical.
Third Degree Arson
Florida statute 806.031 defines third degree arson as a third degree felony with up to 5 years in prison and a $5,000 fine. It involves willfully and unlawfully damaging or causing to be damaged, by fire or explosion, any personal property with the intent to defraud the insurer.
This applies when someone intentionally sets fire to an insured property, like a home, car, boat, etc, with the intent to file an insurance claim and collect money unlawfully. Filing a false insurance claim related to arson can result in additional fraud charges.
Defenses for a third degree arson charge can include:
- No intent to defraud – the fire was accidental and insurance claim was filed in good faith.
- Misidentification – defendant was wrongly accused of setting the fire.
- Duress – defendant acted under threat.
- Insanity – defendant unable to understand his/her actions.
Third degree arson penalties are less than first or second degree, but insurance fraud related to arson is still prosecuted vigorously. Qualified legal counsel is important.
Arson Resulting in Injury to Another
If the act of arson results in bodily harm or injury to any person not participating in the arson, the offense rises to a first degree felony per Florida statute 806.031. It can be punished by up to 30 years in prison and a $10,000 fine. Harm to firefighters responding to the fire also qualifies.
The injury does not have to be intended – simply the fact that someone was unintentionally hurt as a result of the arson is enough to justify the enhanced charge. Defenses like lack of malicious intent, duress, and insanity can apply. But the penalties are severe when another person is harmed.
Arson Resulting in Death
If the arson leads to the death of any person not involved in the arson, it rises to a capital felony per statute 806.031. This allows prosecutors to seek the death penalty or life imprisonment without parole. Defenses are similar to those above but the stakes are dramatically higher when life is lost.
Attempted Arson
Under Florida statute 777.04, attempted arson occurs when a person attempts to commit arson as described above but does not fully complete the act for some reason. This can include gathering materials, scoping a location, making preparations, etc.
Attempted arson is typically prosecuted as one degree lower than the potential completed arson charge. So attempted first degree arson is a second degree felony, attempted second degree is a third, and attempted third degree is a first degree misdemeanor. Penalties align with the degree.
Juvenile Arson Offenders
Arson laws apply equally to juveniles but cases are typically handled in juvenile court rather than adult criminal court. Penalties aim to rehabilitate rather than strictly punish. But serious or repeat offenses can still result in secure detention or adult charges.
Defenses to Arson Charges
Some potential defenses Tallahassee criminal lawyers may use against arson charges include:
- No malicious intent – the fire was accidental or set negligently without malice. Can negate the intent element.
- Misidentification – the defendant was wrongly accused and did not set the fire in question. Eyewitness mistakes happen.
- Duress – the defendant acted only under threat of immediate bodily harm. Removes culpability.
- Insanity – the defendant was legally insane and unable to understand his/her criminal actions.
- Intoxication – the defendant was intoxicated to the point of being unable to form criminal intent.
- Entrapment – the defendant was entrapped into committing arson by police persuasion.
- Self-defense – the defendant acted in lawful self-defense, like starting a backfire to stop a wildfire.
These defenses require solid evidence and experienced legal counsel to present effectively in court.
Sentencing Considerations
When it comes to sentencing after an arson conviction, factors judges may consider include:
- Extent of damage and monetary loss caused
- Risks to human health and safety
- Use of accelerants or explosives
- Planning and premeditation
- Mental health issues
- Past criminal history
- Remorse and acceptance of responsibility
- Chance of rehabilitation
- Impact on victims
Skilled lawyers will present mitigating factors to try to reduce sentencing, while prosecutors will emphasize aggravating factors. The ultimate outcome depends on the discretion of the judge.
Arson Registration in Florida
Florida has an arsonist registration law requiring convicted arsonists who are released from custody to register with law enforcement and keep their information current, similar to sex offender registration. Failure to comply can result in new third degree felony charges. Registration can last for life.
Conclusion
Arson is a serious felony in Florida punishable by years in prison depending on the circumstances and degree. Anyone facing arson charges needs an experienced criminal defense attorney to protect their rights, build an effective defense, and mitigate penalties. Consult with qualified Tallahassee lawyers for assistance. Don’t go it alone.