Florida Arson Criminal Defense Lawyer: Defending Against Arson Charges in Florida: Strategy, Statutes & Insight from a Former Prosecutor
When someone is accused of arson in Florida, the stakes are extremely high. A conviction can mean years in prison, hefty fines, restitution obligations, and a permanent criminal record. In such serious cases, the right Florida criminal defense attorney, especially one with insight into how the state prosecutes fire cases, can make all the difference.
At Van Riper & Nies Attorneys, P.A., attorney Christian Van Riper, a former Florida prosecutor, brings exactly that kind of edge. As a former Florida prosecutor, Christian has firsthand knowledge of how arson cases are built, the investigative techniques used, and how to neutralize them in the defense of clients. He is known for his courtroom knowledge and skill, and equally importantly for his accessibility to clients, ensuring they are informed and supported every step of the way. All Christian’s clients have his cellular number.
As a veteran-owned Florida law firm, we honor those who serve and offer discounts for U.S. military veterans. Our main law office is in Stuart, and we also meet clients in our offices in West Palm Beach, Delray Beach, Deerfield Beach, and Boca Raton, Florida to deliver aggressive defense across our region. Counties Christian serves are St. Lucie, Martin, Palm Beach and Broward counties.
Below is a deeper dive into arson law in Florida, and defense strategies Christian often pursues.
Florida Arson Statutes & Legal Framework
Florida Statutes Relating to Arson
- Florida Statutes § 806.01 defines arson and divides it into degrees:
1. First-Degree Arson — occurs when one “willfully and unlawfully” (or while committing another felony) by fire or explosion damages:
(a) any dwelling, whether occupied or not;
(b) any structure (or its contents) where people are normally present (hospitals, offices, churches, educational institutions, etc.);
(c) any structure that the defendant knew or reasonably should have believed was occupied by a human being.
This is a first-degree felony under § 806.01(1).
2. Second-Degree Arson — under § 806.01(2) deals with damage by fire or explosion to structures in circumstances not covered by subsection (1). a structure is broadly defined to include any building of any kind, any enclosed area with a roof, any real property and anything attached to it, any tent or portable building, any vehicle, vessel or watercraft. This is a second-degree felony.
3. Arson Resulting in Injury (§ 806.031) — even if the defendant did not intend to harm someone, if the fire causes bodily harm to a firefighter or other person, the statutes provide enhancements. For example:
• A first-degree misdemeanor for bodily harm.
• A second-degree felony if there is great bodily harm, permanent disability, or permanent disfigurement.
4. Firebombs (§ 806.111) — Florida also criminalizes the possession, manufacture, transportation, or disposal of a “fire bomb” (a container with flammable liquid and a device for ignition, with the intent to use it to damage property. That is a third-degree felony.
Additional related statutes include § 806.10, penalizing interference with firefighting equipment, hydrants, or attempts to obstruct fire suppression by any firefighter in the performance of his or her duty, and § 806.101 for false alarms including “outcry or the ringing of bells, or otherwise, makes or circulates or causes to be made or circulated a false alarm of fire.
Definitions & Key Statutory Concepts Relating to Arson
- “Structure” is broadly defined — includes buildings, enclosed areas with roofs, real property and appurtenances, tents or portable buildings, and vehicles, vessels, watercraft, or aircraft.
- The requirement is willful and unlawful damage by fire or explosion, or damage occurring during the commission of another felony.
- The prosecutor must prove beyond a reasonable doubt that the defendant acted with the requisite mental state (intent or willfulness).
- The enhancement statute (§ 806.031) is notable because it allows liability for injury even when the defendant did not intend the injury.
Penalties
- First-degree felony (arson under § 806.01(1)) — potential punishment up to 30 years in prison (and fines) under general felony sentencing statutes.
- Second-degree felony (arson under § 806.01(2)) — up to 15 years in prison (and fines).
• First-degree misdemeanor (bodily harm) if injury is less severe. The Florida Senate+2The Florida Senate+2
• Second-degree felony if there is great bodily harm, permanent disability, or disfigurement. - Firebomb possession (§ 806.111) — third-degree felony.
Statute of limitations:
- For first-degree arson, Florida courts treat it as having a four-year statute of limitations.
- For second-degree arson, generally a three-year limit.
- For arson with injury under § 806.031 in some misdemeanor contexts, a two-year limitation applies.
Defense Strategies & Tactics
Because arson cases often rest on forensic, scientific, and circumstantial evidence, there are multiple lines of defense Christian may pursue depending on case facts. Below are some of the key approaches.
- Lack of Intent / Accidental Fire
One of the strongest defenses is to show the fire was accidental, not intentionally set. Because arson statutes require willful and unlawful damage, if the defense can establish a reasonable alternative cause (faulty wiring, mechanical failure, spontaneous combustion, etc.), that can undercut the element of intent.
- Insufficient or Unreliable Fire Science
Florida Arson prosecutions heavily rely on expert testimony (origin and cause analysis, spoliation, fire patterns, accelerant detection). The defense can attack the methodology, qualifications, assumptions, chain of custody, lab results, or conclusions of those experts. If the fire investigator overstated certainty or drew conclusions beyond the data, those weaknesses can be exposed.
- Misidentification / Alibi
The defense may show the defendant was not at the scene or was elsewhere when the fire started. Witnesses or video evidence, cell phone records, or other data may establish an alibi or cast doubt on the prosecution’s identification of the accused.
- Challenging Evidence Chain & Spoliation
Because fire destroys evidence, proving that evidence was mishandled or lost can undercut the prosecution’s case. If critical physical evidence was destroyed without preservation or is contaminated, the defense can argue that the state cannot meet its burden.
- No Damage or Injuries / Minimal Damage
If the alleged damage is minimal or the structure was unoccupied, the defense might push for reduction of the charge (e.g. from first degree to second degree) or even dismissal. The defense can also argue that the evidence fails to show the requisite damage.
- Statutory Ambiguity & Strict Construction
Criminal statutes must be strictly construed. If any ambiguity exists in how “structure,” “willful,” or “occupied” is applied, the defense may argue for dismissal or lesser charges. For example, with trailer homes, tents, or partially enclosed structures, whether they qualify as “structures” or “dwellings” becomes a battleground.
- Multiple Prosecutions — Double Jeopardy / Enhancement
In situations where § 806.031 “arson resulting in injury” is charged in addition to a base arson, the defense can explore whether double jeopardy concerns apply or whether separate sentencing is permissible. Notably, a conviction for the underlying arson is not required to convict under § 806.031.
- Plea Negotiations / Lesser Offenses
If the evidence is strong, Christian might negotiate for a plea to a reduced offense (e.g., reckless burning or criminal mischief) or pursue downward departure. The defense should argue mitigating factors, lack of prior record, or cooperative behavior to reduce sentencing exposure.
Why Choose Florida Arson Criminal Defense Lawyer Christian Van Riper
- As a former prosecutor, Christian understands how state fire cases are built, how evidence is gathered, reports drafted, experts selected, and weaknesses concealed. That insight is an enormous tactical advantage in undermining the state’s case.
- His courtroom knowledge and skill give him confidence in cross-examination of investigators and experts, as well as persuasion before judges and juries.
- His accessibility to clients means you will not get lost in the shuffle. He makes time to listen, explain, and work with you personally, especially critical when navigating the complexity and fear that comes with fire crime charges.
- At Van Riper & Nies Attorneys, we are veteran-owned and proud to support our clients who have served. We also offer discounts to U.S. military veterans as part of our commitment to service.
- For your convenience, we maintain a primary law office in Stuart, Florida, while also providing client meetings at our offices in West Palm Beach, Delray Beach, Deerfield Beach, and Boca Raton.
If you or a loved one is facing arson charges in Florida, don’t wait. The sooner a skilled defense starts investigating, the better. Contact our Arson Criminal Defense Lawyer, Christian Van Riper, a former prosecutor today to schedule a free consultation and begin crafting the strongest possible defense.
Van Riper and Nies Attorneys, PA
Stuart: 900 SE Ocean Boulevard, Suite 140-E, Stuart, FL 34994. Tel: 772-283-8712. Serving Stuart, Hobe Sound, Jensen Beach, Port St Lucie, Fort Pierce.
West Palm Beach: 801 Northpoint Parkway, Suite 375, West Palm Beach, FL 33407. Tel: 561-948-5588. Serving all of Palm Beach County from West Palm Beach, Palm Beach Gardens, Jupiter, North Palm Beach, Riviera Beach, Lake Park, Belle Glade and throughout the county
Deerfield Beach: 10 Fairway Drive, Suite 139, Deerfield Beach, FL 33442. Tel: 954-369-0776. Serving all of Broward County, including Deerfield Beach, Pompano Beach, Fort Lauderdale, Sunrise, Tamarac, Weston, Davie, Lauderdale Lakes, Hollywood, Lauderhill, Oakland Park, Pembroke Pines, and all of Broward County.
Delray Beach: 55 SE 2nd Avenue, Delray Beach, FL 33444. Tel: 561-894-9862. Serving Delray Beach, Boynton Beach, Wellington and the surrounding areas.
Boca Raton: 9825 Marina Boulevard, Suite 100A, Boca Raton, FL 33428. Tel: 561-948-5589. Serving Boca Raton, West Boca, and nearby Coconut Creek, Parkland and Coral Springs.
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