Arson Attorney in Fort Lauderdale
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What Are the Penalties for Arson in South Florida?
Arson is a serious criminal offense with severe penalties in South Florida. Unfortunately, wrongful convictions are common due to outdated or faulty forensic practices. In many cases, what is initially deemed arson is later found to have an innocent explanation. However, juries often rely heavily on expert testimony, even when that testimony is based on flawed or incomplete science.
While forensic methods have improved, it’s critical to have an attorney who understands the latest scientific advancements in arson investigations. If you are charged with arson, the prosecution must prove that you took substantial steps toward committing the crime. This is why having an experienced arson defense lawyer who can clearly present the facts to the court and jury is crucial.
Arson is a serious criminal offense that involves the intentional setting of fire to property, whether it be residential, commercial, or even wildland areas. Under Florida law, arson is classified as a felony, and the penalties can be severe, including substantial fines and lengthy prison sentences. The Law Offices of Daniel Rosenberg P.A. are dedicated to providing expert legal representation for those facing arson charges, ensuring that your rights are protected throughout the legal process. Understanding the nuances of arson law is crucial, as it encompasses various degrees of severity based on the intent and the damage caused.
Fort Lauderdale Arson Laws
To secure an arson conviction, the prosecution must prove that the defendant intentionally set fire to a building or structure. If the act was committed while engaging in another felony, it becomes a first-degree felony, punishable by up to 30 years in prison. Otherwise, it is a second-degree felony, which carries a maximum sentence of 15 years.
Additionally, if a firefighter or another person is injured as a result of the fire or its suppression, the defendant could face misdemeanor charges for each injured individual, with penalties of up to 364 days in jail per person. Simply possessing a device intended to be used in arson, such as a firebomb, can result in a third-degree felony with up to 5 years in prison.
Why You Need a Fort Lauderdale Arson Lawyer
If you’ve been accused of arson in Broward County, it is essential to seek legal counsel immediately. The consequences of an arson conviction are life-changing, making it critical to have a skilled defense attorney on your side. At The Law Offices of Daniel Rosenberg, we are dedicated to protecting your rights and crafting a strong defense tailored to the specific circumstances of your case.
Contact our Fort Lauderdale office today for a free consultation. We’ll review the facts, explain your legal options, and begin preparing a robust defense strategy to help achieve the best possible outcome.
Florida Arson Statutes Overview
Arson – Florida Statute 806.01
- Any person who willfully and unlawfully, or during the commission of another felony, damages or causes to be damaged:
- A dwelling, whether occupied or not, or its contents.
- A structure where people are typically present, such as hospitals, nursing homes, schools, or other facilities.
- Any other structure the individual reasonably believed was occupied by a person.
These actions constitute first-degree arson, a first-degree felony.
- Any person who willfully damages any structure or property not covered under subsection (1) is guilty of second-degree arson, a second-degree felony.
Fire Bombing – Florida Statute 806.111
- Possessing, manufacturing, transporting, or disposing of a firebomb with the intent to cause fire damage is a third-degree felony.
- A "firebomb" is defined as any container filled with flammable liquid or incendiary chemicals, equipped with a device capable of igniting it.
Arson Resulting in Injury – Florida Statute 806.031
- If arson causes bodily harm to a firefighter or any other person, the defendant can be charged with a first-degree misdemeanor.
- If the injury results in permanent harm or disability, the defendant may face second-degree felony charges.
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