Arson is one of the most well-known crimes in the United States. Around 39,851 arsons occurred through the United States in 2020 alone. While arson may appear to be as simple as setting something on fire, the truth is that there are more layers of complexity to be considered.
In Florida, the crime of arson is governed by §806.01. Here, arson is defined as when any person, with both willful and unlawful intent, causes some type of explosive or fire damage to:
- Any dwelling, occupied or otherwise,
- Any structure that normally contains people (such as jails, hospitals, homes, churches, etc.) or,
- Any other structure that the perpetrator would reasonably believe was occupied at the time of the crime.
If any one of these conditions can be met, then the perpetrator can be charged with first-degree arson. This is treated as a first-degree felony, which is punishable by up to 30 years in prison and a fine of up to $10,000.
There does exist an alternative form of arson. If someone willfully and unlawfully causes a fire or explosion that damages a property and the circumstances of their crime do not meet any of the three criteria listed previously, then they can instead be charged with a second-degree arson. This would be considered a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
You may have noticed that a phrase that continues to repeat is “willfully and unlawfully.” This is an important detail; without these two factors, the arson charge would be unlikely to succeed in a court of law.
For instance, suppose a licensed contractor was conducting a controlled burn of a private property. The fire gets out of control and eventually burns the house down. In this case, the homeowner could sue the contractor for negligence. However, it is extremely unlikely that the same contractor would be charged with arson. Although the home was a structure that the contractor would have “reasonable grounds to believe was occupied by a human being,” he or she did not conduct the burn with the intent of burning down the residence. Additionally, the contractor was also licensed, meaning that he or she was not acting unlawfully either. Thus, the state government would have a difficult time making an arson charge stick in court.
If you have been charged with arson, you will need an experienced criminal law attorney who can critically analyze your case and advocate for you in court. Call Hendry & Parker, P.A, in downtown Dunedin, at (727) 205-5555 today for a free consultation.