Arson Lawyer in Miami

Under Florida law, arson is divided into two degrees. In order to be convicted of first degree arson, the prosecution must prove certain details beyond a reasonable doubt.

These include:

• The defendant willfully and unlawfully by fire or explosion caused damage to a dwelling (inhabited or not inhabited)
• The defendant willfully and unlawfully by fire or explosion caused damage to any other structure he or she had reasonable grounds to believe was occupied by a human being
• The defendant willfully and unlawfully by fire or explosion caused damage to any structure where persons are normally present.

Under Florida law, these structures include a variety of places, including the following:

• Jails
• Prisons
• Detention centers
• Hospitals
• Nursing homes
• Other healthcare facilities

Department stores, business establishments, churches, or education institutions that are operating at normal business hours are also considered structures under the first degree arson statute.

Lastly, an individual also may be charged with first degree arson if he or she commits the aforementioned damage by fire or explosion during the commission of any felony. It is not necessary that the individual intends or cause the damage willfully if the arson is committed during the commission of a felony.

Second Degree Arson 

Second degree arson is considered a lesser offense than first degree arson. An individual may be charged with second degree arson if he or she who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in the first degree arson statute.

First degree arson is punishable by up to 30 years in prison and a fine of up to $10,000. Second degree arson is punishable by up to 15 years in prison and a fine of up to $10,000.

Contact an attorney immediately to ensure your freedom and escape legal penalties. Call 305-249-0090 or fill out our online contact form if you are in Miami. Call 954-524-4474 if you are in Broward County. Se habla español.