Orlando Arson Lawyer

Orlando Arson Attorney

Getting a felony charge for arson in Orlando, Florida, can leave you facing harsh penalties, including long jail times and hefty fines. Navigating the legal process can be challenging, but with the right Orlando arson lawyer on your side, you can build a strong defense and work toward a fair outcome for your case.

How Is Arson Defined in Florida?

In simple terms, arson is defined as the criminal act of setting fire to a property of any kind, including real property, portable property, tents, vehicles, aircraft, or watercraft. Under Florida Statute 806.01, perpetrators can be found guilty of arson in the first-degree or second-degree, depending on the severity of the offense and the specific circumstances surrounding the incident.

Degrees of Arson

Florida law generally recognizes first, second, and third-degree arson. Arson in the first degree is defined as the willful and unlawful use of fire or explosives to damage a dwelling or structure where people are typically present. A conviction for first-degree arson can result in a possible prison sentence of up to 30 years plus any applicable fines.

Arson in the second degree can be penalized by up to 15 years in prison plus applicable fines. You can expect to face higher penalties if the fire caused an injury. Third-degree arson in Florida covers the intentional burning of property that does not fall into the category of first-degree or second-degree arson. This crime is still a felony and can leave you facing several years in prison and paying any applicable fines.

What To Do if You Are Arrested for Arson in Orlando, FL

If you are arrested for arson in Orlando, it’s important to remain calm, be cooperative, and pay attention to what is going on. You will likely be dealing with the Orange County Sheriff’s Office or the Orlando Police Department and be taken to the Orange County Booking and Release Center (BRC) to await bail or trial.

It is important to know your rights upon your arrest so you can protect yourself from unlawful arrest procedures. When you are arrested in the state of Florida, you have the following rights:

• Right to remain silent
• Right to know why you are being arrested
• Right to talk to an attorney

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It is wise to memorize as many details about your arrest as possible so you can relay this information to your Orlando arson lawyer when working on your defense. Helpful information includes the names and badge numbers of the arresting officers, the time and place of the arrest, and what steps the officers took when arresting you.

Your Orlando criminal defense lawyer can help you prepare for your first court appearance and gather key evidence in your defense so that you are fully prepared to navigate the legal process. After your first court appearance, you will go to an arraignment hearing to hear the formal charges, enter a plea, and either proceed to your sentencing or prepare for pretrial.

The discovery phase involves your attorney receiving any evidence from the prosecution. In response, they can file motions, and you may enter plea negotiations. If you can’t agree to a plea deal, the case goes to trial.

There have been eight charges for arson in Orange County, FL so far this year, and that number may climb. If you find yourself in need of representation after being charged with arson, it is crucial to get in touch with an Orlando arson lawyer to help you build your case and receive the most favorable outcome possible.

Our team can review your case and dive deep into an investigation and strategic planning to help build a solid case in your defense. Whether we can resolve your case in negotiation or go to trial, you can count on us to help you fight for a positive result.

FAQs

How Many Years in Prison Can I Get for Arson in Florida?

Under Florida Statute 806.01, arson can be charged as a first-degree or second-degree felony offense. For first-degree arson, you can be sentenced to up to 30 years in prison. Depending on the severity of the crime, an arson charge can be a capital felony offense, which can be punishable by death or life in prison without parole.

Does Arson Count as Felony Murder in Orlando, FL??

Under Florida Statute 782.04, arson can be considered felony murder if a person dies due to the incident. If you commit arson and someone inside the burning structure dies, you can be charged with felony murder. In Florida, felony murder is a capital offense, which means you can be sentenced to life in prison without parole or death.

What Are the Three Elements of Robbery in Florida?

The definition of robbery in Florida can be separated into three distinct elements, which must exist for the crime to be considered robbery. Defined by Florida Statute 812.13, a robbery must involve taking a person’s money or property, using assault, fear, force, or violence, and intending to temporarily or permanently deprive the victim of their money or property.

What Are the Three Types of Arson Recognized in Florida?

Arson is typically categorized as a first-degree felony, second-degree felony, or third-degree felony. First-degree arson involves burning a dwelling or structure that is likely to have people inside. Second-degree arson refers to burning a structure that is unoccupied. Third-degree arson refers to burning personal property or vacant areas in cases that don’t fall under the first two categories.

What Is the Minimum Sentence for Arson in Orlando, FL?

Arson is typically recognized as a felony in the first degree or second degree. The minimum mandatory sentence for arson in Orlando depends on the specifics of the case. If the perpetrator had a firearm or destructive device, the minimum sentence could be 10 or 20 years depending on the surrounding circumstances. That said, offenders can get as little as five years in prison for felony arson in the third degree.

Reach Out to an Orlando Arson Lawyer to Learn More About How to Defend Yourself

If you’ve been charged with arson, our skilled lawyers at Robert B. Fisher, P.A. can represent you, guide you, and help you build a strong case in your defense. Our team has over three decades of experience handling criminal cases in Orlando, Florida, and Seminole County. Give us a call to set up an appointment so we can learn more about your case today.