Punishments for Arson Crimes in Tallahassee and How Criminal Lawyers Can Help
Arson is a very serious crime that involves intentionally and unlawfully setting fire to any dwelling, structure, or conveyance. In Tallahassee, Florida, arson crimes are prosecuted aggressively and can lead to severe punishments if convicted. Having an experienced criminal defense lawyer on your side can be crucial for mounting the strongest possible defense.
Overview of Arson Laws in Florida
Under Florida law, arson offenses are categorized based on the type of property involved and whether the property was occupied at the time of the offense. The two main categories are:
- Arson in the first degree – This charge applies when setting fire to an occupied dwelling, whether or not someone is injured. It is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.
- Arson in the second degree – This charge covers setting fire to any structure or conveyance, whether occupied or not. It is a second-degree felony with up to 15 years in prison and a $10,000 fine.
There are also separate charges for arson that results in injury or death to another person.
Common Defenses Against Arson Charges
While arson charges should always be taken very seriously, there are often viable defenses that a skilled lawyer can use to fight the allegations. Some potential defenses include:
- Lack of intent – For a conviction, prosecutors must prove you intentionally and willfully set the fire. Your lawyer may argue there is insufficient evidence of intent.
- Accident or mistake – Your lawyer can argue the fire was accidental in nature and not a deliberate criminal act.
- Intoxication – Evidence you were extremely intoxicated could potentially negate the intent element of arson.
- Insanity – In some cases, a mental defect or disorder defense may apply to arson charges.
- Misidentification – Eyewitness misidentification is common. Your lawyer may challenge the credibility of any identification.
- Illegal search – If evidence was obtained illegally, your lawyer can file a motion to suppress.
Punishments for Arson Convictions in Tallahassee
The punishments for arson in Tallahassee vary based on the exact charges, but can include any of the following:
- Prison time – From 1 to 30 years in state prison, depending on the degree of arson. Prison time is typical for any arson conviction.
- Fines – Up to $10,000 in fines may be imposed. Most arson convictions involve substantial fines.
- Probation – Probation lasting 1 to 5 years may be given instead of or in addition to incarceration. There are strict conditions.
- Restitution – Full restitution will be required for any property damage caused by the arson. This can amount to tens or hundreds of thousands of dollars.
- Community service – For some less serious cases, community service of up to 500 hours may be ordered.
- Loss of civil rights – Arson is a felony offense, so you may lose the right to vote, possess firearms, and more.
How an Experienced Lawyer Can Defend Arson Charges
The consequences for an arson conviction are extremely severe. That’s why building an aggressive defense with an experienced Tallahassee criminal lawyer is so important. An attorney can protect your rights in the following ways:
- Thorough investigation – Your lawyer will investigate every aspect of the charges to identify weaknesses in the prosecution’s case. This can uncover evidence to support potential defenses.
- Challenge improper police procedures – If there were any flaws in the investigation or your arrest, your lawyer can file motions to suppress evidence.
- Negotiate with the prosecutor – Your attorney may be able to negotiate a plea deal to lesser charges or a lighter sentence.
- Trial experience – If a trial is necessary, your lawyer’s courtroom skills and experience can be invaluable in achieving an acquittal or hung jury.
- Present mitigating circumstances – Even if convicted, your lawyer can present mitigating factors to help achieve a more lenient punishment.
- Advocate for diversion programs – For those with little or no criminal history, a diversion program may be an alternative to avoid a conviction.
Finding the Right Arson Defense Attorney
If you or a loved one is facing arson charges in Tallahassee, it is critical to have an attorney with specific experience defending these complex cases. Be sure to ask about the lawyer’s background handling arson cases, trial record, and credentials. Also choose a lawyer you feel comfortable with, as you will be working closely together. With an experienced criminal defense lawyer on your side, you can feel confident knowing your rights are protected and your defense is in capable hands.
Conclusion
Arson charges should never be taken lightly, as convictions often lead to years behind bars along with massive fines and restitution. But an aggressive defense can many times lead to reduced charges or even dismissal of the case altogether. An experienced Tallahassee criminal lawyer will thoroughly analyze the prosecution’s evidence, identify any police misconduct, raise all possible defenses, and advocate tirelessly for the best possible outcome. For those facing arson allegations, a skilled attorney can make all the difference in the world.