Arson Defense Lawyer Tampa
Defending People Accused Of Arson In Tampa
By the time you’re arrested for arson in Florida, there’s a good chance that the government has already spent days or even weeks investigating the fire and drawing its own conclusions. You may be taken by complete surprise, especially if you’re trying to pick up the pieces and rebuild after a house fire or a fire at another of your real estate holdings (like a commercial property or warehouse). You need help, and fast, because you’re likely playing catch-up to a police department and prosecutor who already believe you’re guilty. Our Tampa, FL arson defense lawyer is ready to get to work building your defense as soon as you hire us.
Arson Charges In Florida
The state of Florida has extensive resources to prosecute arsonists. In fact, there is an entire department, headed by the State Fire Marshal and staffed with dozens of expert witnesses. Our firm has extensive resources, including access to several expert witnesses of our own, to meticulously pick apart the state’s case against you. The State Fire Marshall’s Department usually determines whether a fire was deliberately set (arson) and, therefore, is a crime. Florida law defines arson as the willful and unlawful damaging of a structure (any type of building, including a home, business, commercial or government building, or even a tent) through the use of explosives or fire.
Usually, arson charges are filed against one person for destroying the property of another person or entity, although in some cases, such as committing a felony (like insurance fraud), a property owner may be charged with arson for destroying their own property.
If you are convicted of first-degree arson, you could face up to 30 years in prison. Don’t face the state fire marshal’s office alone. Our Tampa arson defense lawyer has extensive experience successfully clearing people accused of felony arson.
Our Defenses Against Arson Charges In Florida
In order for you to be found guilty of first-degree arson, the prosecutor must prove that you caused a fire that:
- Damaged a building where people are normally present, such as a jail or hospital
- Damaged any other building you had reason to believe was occupied
- Damaged a residence, whether occupied or not
You can also be charged with arson if the police suspect that you:
- Set fire to a home
- Set fire to someone’s clothing or other flammable possessions inside a home
- Are growing marijuana, and the electrical system or lights malfunction and start a fire
- Burned your sheets at the county jail or state penitentiary
We help you beat first- and second-degree arson charges using tried-and-successful defenses like:
- Proving lack of intent or that the fire was an accident
- Demonstrating that there was a lack of criminal intent, such as that you did not intend to cause damage
- Lack of presence or affirming that you had an alibi for the time and place the fire occurred
- Challenging the reliability of physical or forensic evidence of a deliberate fire. In these cases, we typically deploy our own expert witnesses against those the state presents
- Mistaken identity: The police got the wrong person!
These are just a few of the defenses to arson; our Tampa arson defense lawyer will tailor your defense to the circumstances of the fire. We’re ready to help you, so please contact StechLaw Criminal Defense today for a consultation.
Possible Penalties for an Arson Conviction in Florida
Arson is one of the most aggressively prosecuted property crimes in Florida. Because it involves the intentional burning or damaging of property by fire or explosion, prosecutors and courts treat these cases with extreme seriousness. An arson conviction can lead to years — or even decades — in prison, along with devastating financial and personal consequences. If you are facing arson charges in Tampa, your freedom and future are at stake. Understanding the potential penalties and working with an experienced Tampa arson defense lawyer is critical.
Below are some possible penalties for an arson conviction in Florida.
First-Degree Felony Penalties
If the alleged arson involved a dwelling, occupied structure, or a building where people were present, the charge may be classified as a first-degree felony. A conviction can result in up to 30 years in prison and fines of up to $10,000. If someone was injured as a result of the fire, penalties can increase significantly.
Second-Degree Felony Penalties
Arson involving unoccupied structures or certain other types of property may be charged as a second-degree felony. A conviction can carry a sentence of up to 15 years in prison and substantial fines. Even without injuries, the consequences are severe.
Enhanced Penalties for Injury or Death
If the fire caused serious bodily injury or death, prosecutors may pursue enhanced charges that dramatically increase sentencing exposure. In some cases, the penalties may approach life imprisonment.
Restitution and Financial Consequences
Beyond prison time, courts may order restitution to compensate property owners, insurance companies, or victims for damages. Arson cases often involve extensive property damage, and restitution amounts can be extremely high.
Permanent Criminal Record
A felony arson conviction results in a permanent criminal record. This can limit employment opportunities, housing options, professional licenses, and firearm rights. The long-term impact often extends far beyond the courtroom.
Federal Charges in Certain Cases
If the alleged arson involved federal property, interstate commerce, or other federal interests, the case may be prosecuted in federal court, where sentencing guidelines can be particularly harsh.
Why You Need a Tampa Arson Defense Lawyer
Arson cases frequently rely on forensic evidence, fire scene investigations, and expert testimony. Determining the cause of a fire is complex, and investigators sometimes make errors or draw incorrect conclusions. A skilled Tampa arson defense lawyer can examine fire reports, challenge forensic findings, consult independent experts, and scrutinize witness testimony. The prosecution must prove intent beyond a reasonable doubt — a critical element that can be contested.
Contact StechLaw Criminal Defense for Aggressive Arson Defense
If you are facing arson charges, you need an experienced advocate who understands both prosecution tactics and effective defense strategies. StechLaw Criminal Defense provides strong, strategic representation to clients facing serious felony charges. Tampa arson defense lawyer Ben Stechschulte previously served as a prosecutor in Hillsborough County before dedicating his career to defending the accused. He is also a board-certified criminal defense attorney — a distinction earned by only about 2% of Florida lawyers. Contact StechLaw Criminal Defense today to protect your rights, your freedom, and your future.
