Arson Defense in Miami

Arson in Florida can be a first-degree felony punishable by up to 30 years. If someone is hurt, more charges follow. If someone dies, the case can become a homicide. Insurance claims often turn a fire investigation into a fraud investigation at the same time. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Arson Under Section 806.01

Florida law covers a person who, "willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged" a structure or its contents. The degree depends on what burned:

First-degree arson (a first-degree felony, up to 30 years) covers fire or explosion damage to:

• Any dwelling, whether occupied or not, or its contents;
• Any structure where people are normally present, such as jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, businesses, churches, or schools during normal hours of occupancy; or similar structures; or
• Any other structure the person knew or had reasonable grounds to believe was occupied by a human being.

Second-degree arson (a second-degree felony, up to 15 years) covers fire or explosion damage to any other structure, "whether the property of himself or herself or another." In other words, burning your own property can still be arson.

What "structure" means. The statute defines it broadly: any building of any kind, any enclosed area with a roof, any real property and appurtenances, any tent or portable building, and any vehicle, vessel, watercraft, or aircraft. A car fire can be charged as arson.

Arson That Injures Someone (Section 806.031)

If an arson "results in any bodily harm to a firefighter or any other person," that is a separate first-degree misdemeanor. If it results in great bodily harm, permanent disability, or permanent disfigurement, it is a second-degree felony. Both apply "regardless of intent or lack of intent to cause such harm." The judge may sentence separately for the injury offense and for the arson, and a conviction for arson is not required for a conviction under this section.

Related Fire Charges

• Fire bombs (section 806.111). Possessing, manufacturing, transporting, or disposing of (giving, loaning, offering, selling, or transferring) a fire bomb, with intent that it be willfully and unlawfully used to damage a structure or property by fire or explosion, is a third-degree felony. The statute defines a fire bomb as a container of flammable or combustible liquid, or an incendiary mixture, with a wick or other means of ignition. Commercially made devices meant mainly for lighting, heating, or cooking are excluded.
• Interfering with firefighting (section 806.10). Willfully and maliciously damaging, removing, or interfering with vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other facilities used to detect, report, or fight fires is a third-degree felony. So is willfully or unreasonably interfering with, hindering, or assaulting a firefighter performing his or her duty.
• Burning to defraud an insurer (section 817.233). Setting fire to, burning, or attempting to burn insured property, "whether the property of himself or herself or of another," willfully and with intent to injure or defraud the insurer, or aiding, counseling, or procuring that burning, is a third-degree felony. This charge is often filed alongside arson and insurance fraud charges. See Insurance Fraud Defense.
• Damage without fire. Vandalism and other property damage are charged as criminal mischief. See Criminal Mischief Defense.

When a Fire Involves a Death

Florida's murder statute lists arson among the felonies that can support a felony murder charge, meaning a death during an arson can be charged as murder even without an intent to kill. Arson is also one of the felonies listed in Florida's 10-20-Life firearm law. If a fire case involves a death or a firearm, see Murder & Homicide Defense and Gun & Weapons Charges.

Federal Arson (18 U.S.C. § 844)

Fires involving businesses and property connected to interstate commerce can be charged federally.

• Section 844(i) covers anyone who "maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce." The penalty is not less than 5 years and not more than 20 years. If personal injury results, not less than 7 and not more than 40 years. If death results, any term of years, life, or the death penalty.
• Section 844(h) adds 10 years for using fire or an explosive to commit any federal felony (20 years for a second or subsequent conviction). That term cannot be probated or suspended and cannot run at the same time as other sentences.

Whether the property was "used in" or affected interstate commerce is an element the government must prove.

How We Defend Arson Cases

Most fires are accidents. Wiring, appliances, cooking, heating equipment, smoking materials, and many other ordinary causes start fires every day. The State has to prove a fire was set willfully and unlawfully (or during a felony), not just that it happened.

The cause-and-origin investigation. Fire investigators reach an opinion about where a fire started (origin) and what started it (cause). We get the full investigation file: scene photographs and video, diagrams, notes, samples, chain of custody, and any reports from fire departments, police, the State Fire Marshal, private insurance investigators, or federal agents. We look at what was examined, what was not, what was thrown away, and whether other possible causes were properly ruled out.

Fire science and experts. In appropriate cases, we work with qualified independent fire experts to review the scene evidence and the State's conclusions, including burn-pattern interpretation, electrical and appliance evidence, and how the fire spread.

Accelerant evidence. The State may rely on laboratory testing of debris or on an accelerant-detection canine. We examine how samples were collected, stored, and tested, whether any lab confirmation exists, and whether the substance found has an innocent explanation in the place it was found.

Motive and money. Insurance policies, debts, and business troubles are often offered as motive. Motive is not proof that someone set a fire. We look closely at financial records, timelines, and alibi evidence.

Statements and searches. Investigators often interview owners and tenants at the scene and later, sometimes without warnings. Some statements may be suppressed, and warrantless entries onto a fire scene after the fire is out can raise search-and-seizure issues. See Motions to Suppress.

Identity. Video, phone location data, and witness descriptions can be wrong or incomplete. We test them.

Bond in Arson Cases

Florida law lists arson as a "dangerous crime" for pretrial release. A person arrested for a dangerous crime may not get nonmonetary release (release without money bond) at first appearance once the judge finds probable cause, and for a dangerous crime that is a first-degree felony, once the court finds probable cause, the law requires a motion for pretrial detention. Bond is fought out at a hearing. See Bond & Nebbia Hearings.

What to Do if You Are Under Investigation for a Fire

1. Do not give statements to fire investigators, police, insurance adjusters, or insurance investigators without talking to a lawyer first. An examination under oath for the insurer can become evidence.
2. Do not go back into the scene or remove anything without guidance.
3. Preserve your own records: receipts, repair records, maintenance logs, alarm and camera data, phone records showing where you were.
4. If a warrant has been issued, we can often arrange a planned surrender. See Turning Yourself In.
5. If you are not a U.S. citizen, talk to us before any plea. See Immigration Consequences.
6. Call us right away. Fire scenes change fast.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged with arson for burning my own property?

Yes. Second-degree arson covers fire damage to a structure "whether the property of himself or herself or another," and burning insured property with intent to defraud the insurer is a separate felony.

Is a car fire arson?

It can be. Florida's definition of "structure" includes vehicles, vessels, watercraft, and aircraft.

What is the difference between first- and second-degree arson?

First degree covers dwellings, buildings where people are normally present, and structures the person knew or had reason to believe were occupied. Second degree covers other structures.

The investigator says the fire was set. Is that the end of it?

No. A cause-and-origin opinion is an opinion. How it was reached, and what else could explain the fire, can be challenged.

Should I talk to the insurance company?

Not before you talk to a lawyer. What you tell an insurer can end up in a criminal case.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.