Arson Defense In Lake County

Arson

Arson is one of the few crimes in Florida where you can be charged with a first-degree felony even if no one was actually injured. The law focuses on the potential for harm and the nature of the structure involved.

The Legal Tiers & Penalties

Florida law separates Arson into two primary degrees, both of which are high-level felonies that score significant points on the Florida Sentencing Guidelines:

• First-Degree Arson (F.S. § 806.01(1)): Occurs when a fire or explosion damages a dwelling (where people live), a structure where people are normally present (schools, jails, hospitals, department stores), or any structure the defendant knew or should have known was occupied.

  • Penalty: A First-Degree Felony, punishable by up to 30 years in Florida State Prison and a $10,000 fine.

• Second-Degree Arson (F.S. § 806.01(2)): Occurs when a fire or explosion damages any other structure, such as a vacant warehouse, a shed, or a vehicle.

  • Penalty: A Second-Degree Felony, punishable by up to 15 years in prison and a $10,000 fine.

Related Offenses: “The 10-20-Life Rule”

If an arson is committed using a “destructive device” or a “firebomb” (F.S. § 806.111), the case may trigger mandatory minimum sentences. Furthermore, if the fire results in great bodily harm to a civilian or a firefighter, you face an additional Second-Degree Felony charge under F.S. § 806.031.

Strategic Defenses: Challenging the Origin and Cause

The State must prove the fire was started willfully and unlawfully. Lewis Defense Law will attack the prosecution’s case using a multi-front defense:

• Challenging “Intent”: Arson requires a deliberate act. If the fire was caused by a discarded cigarette, faulty wiring, or a kitchen accident, it is negligence at most—not Arson.

• Lack of Evidence (The “Corpus Delicti” Rule): The State cannot convict you based on a confession alone. They must first prove through independent evidence that a crime (Arson) actually occurred. If the fire’s cause is “undetermined,” the case should be dismissed.

• Insurance Fraud vs. Arson: If the State alleges you burned your own property for insurance money (F.S. § 817.233), Lewis Defense Law will challenge their financial motive theories and audit the “proof of loss” documents to show no crime was intended.

The Lewis Defense Law Advantage

When your freedom is on the line for a crime as serious as Arson, you need a defense that is as aggressive as the prosecution.

• Former Felony Prosecutor: I have seen how the State “packages” arson cases to look like open-and-shut crimes. I know how to spot the investigative shortcuts and procedural errors that can lead to a dismissal.

• Trial Ready: Arson cases almost always involve complex circumstantial evidence. I have the trial experience to explain these complexities to a jury and highlight the “reasonable doubt” in the State’s forensic timeline.

• Proactive Pre-File Intervention: If you are currently being investigated by the State Fire Marshal, the work begins immediately. Lewis Defense Law will aim to present findings to the State early to prevent formal charges from ever being filed.