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Arson

Daytona Beach Arson Defense Lawyer

Defending Clients from Offices in Daytona Beach & DeLand

Arson, as outlined in Florida Statute 806.01, is the willful and unlawful damage to a structure due to fire or explosion. Key in this definition is intent. It must be proven beyond a reasonable doubt that the person charged with the crime must have intended to cause damage, and this burden of proof is on the prosecutor. Evidence in these cases can vary from eyewitness statements and camera footage to analyzing the origin of the flames or the potential fuel that was allegedly used. Because of these nuances, arson cases can be complex, which is why it is vital that you have an attorney to represent your side of the story and stand up for your rights in court.  

If you have been arrested or accused of arson, it is crucial that you understand what the charges against you mean. Call Thompson Law, P.A. at (386) 280-4977 to schedule your free consultation.

What Is Arson?

Arson is when any person willingly and unlawfully damages a structure or dwelling through the use of fire or explosion. Florida statute defines a “structure” as a building of any kind; any enclosed area with a roof over it; any tent or portable building; or any vehicle, vessel, watercraft, or aircraft. A dwelling is a structure that can be reasonably believed to be occupied by a human. You can be charged with arson if you are accused of willingly setting fire or causing an explosion to any of these types of property.

Felony Arson Charges

There are different levels of arson, depending on the severity of the crime. Second degree arson is a Level 7 offense, and a conviction brings up to 15 years in prison and a fine of $10,000. More severe offenses can be charged with arson in the first degree, otherwise known as a first-degree felony. In order to be charged with arson in the first degree, the state has to prove the following:

  • That you willingly and knowingly set fire or caused an explosion to the following structures:
    • Any dwelling, occupied or not (meaning a home with, regardless of whether anyone is present or at home at the time the arson is alleged to have been committed), or
    • Any structure where people are normally present (like a store open to the public), or
    • Any other structure that you had reasonable grounds to believe was occupied by a human being.

If you are charged with arson in the first degree and found guilty, you will be convicted of a first-degree felony, punishable by up to 30 years in prison, and up to $100,000 in fines. You will also have a permanent criminal record, which can further hinder your employment, housing, and job opportunities in the future. 

Aggravating Factors to Arson Charges

Arson, like other criminal charges in the State of Florida, has aggravating circumstances that can worsen your charge or tack on additional penalties. If the prosecutor can prove that theft was a motivating factor, for example, or if someone was killed, the accused may face much harsher punishment. Penalties are also severe if the structure in question was a public space, such as a church, shopping mall, or other highly trafficked area.  

This is why is so important to have someone knowledgeable fighting for you. Committing arson is a very serious offense that can change your life, or the life of someone you love, forever. Attorney Matthew Thompson has years of experience that he can bring to your case. As a former prosecutor, he can leverage his knowledge from all sides of the law in order to craft a defense unique to your situation. Attorney Thompson is dedicated to giving his clients the time and attention they need to help put their lives back together after an arrest.

Call (386) 280-4977 or contact Thompson Law, P.A. online today to schedule your free consultation. We have offices in Daytona Beach and Downtown DeLand to better serve you.

Client-Focused. RESULT-DRIVEN.

Working Closely with You To Build a Strong Case
  • All Charges Reduced Aggravated Assault with a Firearm

    Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.

  • All Charges Dismissed Domestic Violence

    Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.

  • All Charges Dismissed Resisting an Officer Without Violence

    The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.

  • All Charges Dismissed Domestic Battery

    Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.

  • Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal

    The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.

  • Charge Reduced Felony Child Abuse

    Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.