First Degree Felony Arson:According to Florida Statute 806.01 the Criminal Act of Arson is defined as 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 dwelling, whether occupied or not, or its contents; 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 Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being.
Second Degree Felony Arson: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.
In order to obtain a conviction for arson the prosecution must prove beyond a reasonable doubt that you were present at the structure or conveyance to commit the act of arson, that you had means to commit the arson, and that you carried out the act of arson. Motive may or not have to be proven in an arson case depending on specific issues surrounding the case and evidence against you. If the defense presented by your attorney at trial causes just one jury member to have reasonable doubt as to the accused guilt of committing the arson, as it relates to the current trial, the accused cannot be found guilty. If the jury believes that your defense was more credible or viable than the prosecution's case, than you may be acquitted of all charges.
If you have been charged with an arson crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.