Arson Criminal Charges

In the State of Florida, a defendant may be charged with what is known as Arson. Arson is the intentional destruction either by fire or explosion of any structure where people are normally present, and is not owned by the arsonist. This is considered a serious crime and usually carries a large penalty in a Court of Law. In order to prove the crime of Arson in the First Degree, the State Attorney has the burden of proof, and must prove criminal elements beyond a reasonable doubt, which are that the criminal suspect who is being charged damaged a structure or its contents or both by a fire or explosion, that the damage done was willful and unlawful manner by the defendant, or that the damage was caused by the defendant while the criminal suspect was engaged in the commission of a felony in the State of Florida. The definition of structure is that it's usually a dwelling, a building during its normal hours of occupancy, or a building where people normally are present. A structure is any building of any kind, with a roof over it, any real property and its appurtenances, any tent or other portable building, any vehicle, any vessel, any watercraft, or any aircraft. To prove the criminal violation of Arson by Fire Bomb, the State Attorney mush show beyond a reasonable doubt that the criminal suspect manufactured, possessed, gave, loaned, offered for sale, sold, transferred, transported, or disposed of a fire bomb, and that at the time, the criminal suspect had intention that the fire bomb would be willfully and unlawfully used to damage by fire or explosion any structure or property.

If you are charged with the crime of Arson, you have rights. If you hire an experienced criminal defense lawyer, you have made the right choice when it comes time of having to appear in criminal court. If you are charged with Arson in Broward County or Miami Dade, Palm Beach, or anywhere in the State of Florida, contact our office, The Law Firm of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., at 1-800-226-9550, or locally at 305-858-9550. Our Firm has the experience and professionalism to handle your case. Call use for a free consultation 24 hours a day, seven days a week.

For your convenience, we have provided the corresponding Florida Statute regarding Arson.

806.01 Arson.

(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:

(a) Any dwelling, whether occupied or not, or its contents;

(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or

(c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being, is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person 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 subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) As used in this chapter, "structure" means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.

Disclaimer:
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature.

“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting              (866) 262-4874      end_of_the_skype_highlighting or locally at (305) 858-9550.

The hiring of a Miami Criminal Attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Call today for a free consultation with a Miami Criminal Lawyer if you or a loved one are in need of a criminal defense attorney in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Boca Raton, Broward County, Coconut Grove, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dade County, Davie, Doral, El Portal, Florida City, Fort Lauderdale, Golden Isles, Goulds, Hialeah, Hieleah Gardens, Hollywood, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, Miramar, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palm Beach County, Palmetto Bay, Pinecrest, Pinewood, Plantation, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Weston, Westwood Lake or any other city in South Florida, throughout the State or all over the country.”