Bold Statement: Tampa arson defense from a board-certified former prosecutor with nearly 15 years of criminal trial experience.

If you have been arrested or notified of an arson investigation in Tampa, the case carries significant prison exposure and frequently involves expert fire investigation evidence that requires a coordinated defense response from the earliest stage. Florida treats arson as a felony in every variant, with first-degree, second-degree, and third-degree classifications driven by the type of structure involved and whether anyone was inside or injured. Our Tampa, FL arson defense lawyer at StechLaw Criminal Defense, Ben Stechschulte, has practiced criminal law in the Tampa Bay area for nearly 15 years and has tried more than 100 jury trials and 250 non-jury cases. We offer a free consultation to discuss your situation in a private and confidential setting.

Arson Defense Lawyer Tampa, FL

Arson under Florida law involves the willful and unlawful damaging of a structure or other property by fire or explosion. The offense is graded by the type of structure and the circumstances of the burning, with first-degree arson reserved for dwellings, structures where one or more persons are present, and structures where a person is injured. Second-degree arson covers other structures, and additional variants address property of various types.

Arson cases in Tampa typically originate with the response of Tampa Fire Rescue, followed by investigation by the Tampa Police Department, the Hillsborough County Sheriff’s Office, and the Florida State Fire Marshal. Insurance carriers frequently conduct parallel civil investigations into suspected fraud when a fire affects insured property, and federal agencies may become involved when the fire affects federally insured premises or interstate commerce. The interaction between fire scene evidence, witness statements, financial motive theories, and expert testimony makes early involvement of defense counsel particularly important.

Types of Arson Cases We Handle in Tampa

Arson allegations arise from a wide range of factual circumstances, from accidental fires later reclassified by investigators to alleged intentional burnings tied to insurance claims or interpersonal disputes. The list below reflects the categories of Tampa arson matters our firm handles on a regular basis.

First-degree arson involving a dwelling. Allegations involving the burning of a residential dwelling, including single-family homes, apartments, and condominiums. These cases carry the most severe statutory exposure in Florida’s arson framework.
Arson involving an occupied structure. Allegations involving a fire set to a structure where one or more persons were present at the time, regardless of whether anyone was actually injured.
Arson involving bodily injury. Cases in which a person is alleged to have been injured as a result of the fire, including firefighters and other first responders who sustain injuries during the response.
Second-degree arson. Allegations involving the burning of structures other than dwellings or occupied structures, such as commercial buildings, sheds, and unattached garages.
Vehicle arson. Allegations involving the intentional burning of automobiles, trucks, or other vehicles, frequently charged in connection with alleged insurance fraud or interpersonal disputes.
Insurance fraud arson cases. Allegations of a fire set with the intent to recover under an insurance policy, which frequently produce both arson counts and parallel charges for insurance fraud and Tampa white collar crime offenses.
Arson involving a death. Cases in which a death occurs as a result of the fire may result in first-degree murder, second-degree murder, or manslaughter charges in addition to the underlying arson count.
Burning to defraud the insurer. Allegations of burning property with the specific intent to defraud an insurance carrier, which constitutes a distinct offense apart from general arson.
Federal arson parallel cases. Cases in which federal prosecutors pursue parallel charges when the fire affects federally insured premises, property used in interstate commerce, or federal property.
Juvenile arson cases. Allegations involving defendants under 18, which may proceed in juvenile court with different procedural protections and dispositional alternatives.

Why Choose StechLaw Criminal Defense as my Arson Defense Lawyer in Tampa, FL?

Arson cases turn on fire scene investigation, the application of fire science standards to origin and cause analysis, and the credibility of expert testimony. Effective defense work requires familiarity with the manner in which Tampa Fire Rescue and the State Fire Marshal investigate fires, the methodology used in origin and cause determinations, and the framework that governs how juries evaluate expert fire investigation testimony. Ben Stechschulte established StechLaw Criminal Defense in 2012 following three years as a Hillsborough County prosecutor. We address arson matters as part of our broader criminal defense practice in Tampa.

Board-Certified Criminal Trial Lawyer

Ben Stechschulte holds Board Certification in Criminal Trial Law from The Florida Bar, a credential earned by fewer than 2% of attorneys in the state. The certification requires a minimum of five years of full-time legal practice, completion of 20 jury trials tried to verdict, and successful peer review evaluating character, ethics, and professionalism. Ben graduated from Stetson University College of Law in 2005, served as a Hillsborough County prosecutor for three years, and was recognized as a Rising Star by Super Lawyers® in 2015. Over the course of his career, he has tried more than 100 jury trials and 250 non-jury matters.

Trial Experience and Results

Arson defense draws on the trial preparation, expert evaluation, and motion practice skills required across our broader criminal practice. A significant number of these cases turn on whether the state can establish that the fire was intentionally set, that it was not accidental in origin, and that the defendant is the individual responsible. Across our criminal defense work in Tampa and the surrounding area, we have secured acquittals, dismissals, charge reductions, and favorable plea outcomes for clients facing significant state and federal exposure.

What Is Important To Understand About Tampa Arson Cases?

Charges, Penalties, and Defense Strategies for Arson Cases

Arson in Florida is classified by the type of structure involved and whether persons were present or injured. First-degree arson is a first-degree felony, carrying substantial state prison exposure. Second-degree arson is a second-degree felony, and burning to defraud the insurer constitutes a distinct offense addressed separately under Florida law. When death results from an arson, the case may produce additional homicide charges that significantly expand exposure.

Common arson-related charges include:

First-degree arson involving dwellings, occupied structures, or injury cases
Second-degree arson involving other structures
Burning to defraud the insurer
Vehicle arson and arson of other personal property
Possession of a fire bomb or explosive device
Arson resulting in injury to a firefighter or other first responder
Felony murder predicated on arson, when a death occurs
Insurance fraud, when the fire affects insured property
Conspiracy to commit arson

Defense strategies in arson cases frequently focus on the origin and cause analysis. Defense fire investigators may dispute whether the fire was incendiary or accidental, identify alternative origins, and challenge the methodology applied by the state’s experts. Additional avenues include identification challenges, motive challenges, suppression motions targeting statements made before counsel was involved, challenges to financial motive theories in insurance-related cases, and negotiated resolutions where the facts support a reduced or alternative charge.

What Are Important Aspects of an Arson Case?

Several features of Tampa arson practice influence how a case is built and defended.

The origin and cause determination is the central focus of most cases. Fire investigators apply established standards to determine whether a fire was accidental or incendiary, and these determinations are frequently the subject of expert testimony at trial.
The state must prove the defendant is the person responsible. Even when the fire is determined to be incendiary, identification of the responsible party requires separate proof, which may involve witness testimony, surveillance footage, financial evidence, or forensic evidence collected from the scene.
Insurance and financial evidence frequently shape arson prosecutions. The state may pursue financial motive theories that draw on bank records, insurance policies, and the timing of communications with insurers and lenders.
Federal jurisdiction may apply alongside state charges. Fires affecting federally insured premises, federal property, or property used in interstate commerce may trigger parallel federal prosecutions under separate federal arson statutes.

What Is The Arson Case Timeline?

Tampa arson cases generally proceed through a sequence that begins with the fire response itself, with each subsequent stage drawing on the evidence collected during the initial scene investigation.

Fire response and scene investigation. Tampa Fire Rescue responds to the fire, with subsequent scene investigation conducted by fire investigators and law enforcement to determine origin and cause.
Witness interviews and follow-up investigation. Detectives and fire investigators interview the property owner, occupants, neighbors, first responders, and any other witnesses with knowledge of the circumstances.
Charging decision and arrest or summons. The State Attorney’s Office reviews the investigation results and determines whether to file arson charges, with the defendant either arrested or summoned to court.
Arraignment and bond determination. The defendant appears for arraignment, with bond conditions tailored to the nature of the alleged conduct and the defendant’s connection to the property.
Discovery and expert review. Discovery includes fire investigation reports, photographs of the scene, witness statements, insurance documents, financial records, and any forensic evidence collected.
Plea negotiations or trial. A significant number of arson cases resolve through negotiated dispositions, although trial remains a viable option when the state’s origin and cause evidence or its identification evidence is open to challenge.
Sentencing. Sentencing follows the Florida Criminal Punishment Code and may include incarceration, probation, restitution, and conditions related to the affected property and any victims.

What Should You Bring to Your Arson Consultation?

Bringing the appropriate documents to an initial meeting enables a thorough review of the situation and an accurate discussion of the options available to you.

The charging document, arrest paperwork, or notice of investigation
Any fire investigation reports, photographs, or correspondence from investigators
Insurance policy documents, claims paperwork, and any communications with the insurance carrier
Documents related to ownership of the property, including deeds, leases, and mortgage records
Financial records relevant to the property and any related transactions
Documents related to bond, pretrial release conditions, or detention
Names and contact information for any witnesses
Prior criminal history

The initial meeting is treated as a confidential consultation. Complete documentation is not required to schedule a meeting; the documents you are able to supply assist in identifying the strongest defenses early.

What Are Important Florida Legal Resources for Arson Cases?

Tampa arson cases involve coordination between fire investigation agencies, state prosecutors, and in some matters federal investigators. The resources below can assist individuals seeking to understand how arson cases are investigated, charged, and prosecuted.

The Florida State Fire Marshal maintains information regarding fire investigation procedures in Florida, the certification of fire investigators, and statewide reporting on arson activity.
The Thirteenth Judicial Circuit maintains court information, judge assignments, and procedural rules for criminal matters in Hillsborough County.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigates federal arson cases and maintains information regarding federal jurisdiction and resources for arson and explosives investigations.
The U.S. Fire Administration publishes statistics regarding fire incidents, including arson, and resources for understanding fire investigation methodology.
The Florida criminal statute of limitations for first-degree felony arson is generally four years, with longer or no limitations periods applicable when the arson results in a death.

These resources serve as general reference points only. Any individual facing arson charges in Tampa should consult with a criminal defense attorney regarding the specific facts of the case prior to relying upon any general information.

Reach Out to StechLaw Criminal Defense to Schedule a Consultation

If you have been charged or are under investigation for arson in Tampa, the earliest decisions in the case are frequently the most consequential, particularly given the role of fire scene evidence that may be collected before any defense investigator can become involved. We offer a free initial consultation to discuss your situation and the next steps in your defense. Contact us to schedule a confidential meeting with our criminal defense attorney.