Arson is one of the more severe crimes that occur in Bradenton, Florida. For this reason, anyone facing arson charges should be prepared for the severe penalties they are potentially facing. These penalties have the potential for far-reaching and lifelong damage. Massive fines and long stretches in prison are the immediate results of a conviction for arson, especially in a case where actual injuries have been inflicted. However, there is also the consideration of a permanent criminal record. When you receive a felony conviction, your employers will forever be able to view this record. This can have a massive impact on your job hunting and earning potential.
Naturally, the penalties you can expect to face will be dependent on the circumstances that surround your case, such as the level of property damage, the extent of the injuries, or if a death that occurred. However, since we are specifically discussing a case that resulted in injuries, you can safely expect a harsh level of treatment in the courtroom.
Due to how harsh these penalties can become, the most important thing for anyone who has been charged with arson resulting in injuries is to seek out an extremely high-quality criminal defense attorney. The Law Place in Bradenton can provide a team of criminal defense attorneys who will be able to secure the best odds at minimizing the consequences of your alleged offense. Our law firm has a team with 75 years’ worth of experience accrued between them, and you will benefit from their extensive knowledge and skillsets.
If you would like more information, please do not hesitate to call our Bradenton office for a free consultation over the telephone. We ensure our phone lines are always open for your convenience, and your confidentiality is entirely protected by attorney-client rights. Don’t let your Florida arson case be managed by someone without the right level of knowledge or experience.
Contact us on (941) 444-4444 for your best possible result!
What Are the Specifics of Arson in Florida Criminal Law?
The details of the laws surrounding arson in Florida are contained in Florida Statute 806.01.
Arson is defined as when someone willfully or unlawfully damages a property using fire or an explosion. Unsurprisingly, this is considered an incredibly serious crime in Bradenton, Florida. Therefore, if you are convicted and found to be guilty of arson charges, you can expect severe punishment. This should be all the more reason to take your Florida arson charges seriously and secure the best possible criminal defense representation.
Common targets for arson attacks in Florida would include:
- Churches, mosques, or other places of worship.
- Shopping areas.
- Schools, colleges, universities, and other centers of education.
- Hospitals, as well as other healthcare facilities such as a care home or nursing home.
- The home of another person.
However, the arson laws in Florida dictate that any home, building, or even enclosed area covered with a roof will be classified as a structure in an arson case. This means that the classification of a structure is extended to tents, sheds, and vehicles – as well as many other niche examples.
The main contributor to the seriousness of an arson case is whether the building in question contained people. If there were people inside the structure at the time of the arson, you could expect the charges to be much more severe. In addition, the damage done to the building and human life will scale up the severity of the Florida arson crime.
If you have found yourself facing arson charges in Florida, it is crucial that you contact a law firm like The Law Place today to schedule a free case evaluation. Once the details surrounding your case are clear, you can begin to work towards the best possible outcome alongside your criminal defense lawyer.
For a free legal consultation with a arson resulting in injury lawyer serving Bradenton, call 941-444-4444
The Three Elements of Arson in Florida Law
In order to prove your guilt in an arson case, the prosecution must present evidence that is beyond a reasonable doubt. In arson resulting in injury cases, the three elements that must be proved are as follows:
- The accused deliberately and willfully triggered or started an explosion or fire in an unlawful way.
- The explosion or fire in question damaged a structure, a dwelling, or the personal property of another inside a structure that is normally occupied by people. This will also count for the accused’s own property in the event that the accused should know that their own property is occupied by people.
- The explosion or fire in question had the result of inflicting an injury, a serious bodily injury, permanent disfigurement, or permanent disability to another person.
In simple terms, this means that the prosecution needs to prove that a fire or explosion was deliberately started. They then need to prove that the accused either knew or should have known that the explosion or fire could put someone or someone’s property at risk of injury or damage.
With cases as severe as arson with an injury, it is easy for the prosecution to establish these points. For this exact reason, it is very important to get the best criminal defense lawyer possible if you want to stand a chance at reducing your consequences.
Luckily, The Law Place in Bradenton, FL., has a track record of defending those accused of committing arson that resulted in an injury. We have helped many people before you to achieve the most reduced consequences possible for their situation.
Bradenton Arson Resulting in Injury Lawyer Near Me 941-444-4444
Damages and Personal Injury Examples Commonly Associated With Arson Charges
In cases where arson is the accusation, there is often quite extensive damage to personal property or people. However, of course, the specifics vary widely from case to case.
When talking about damage to property, specifically, the following are the most common examples:
- Structural damage to a property.
- Damages caused by smoke to the property. This may include several levels of damage such as discoloration of surfaces, corrosion, or blackening of glass.
- The loss or destruction of smaller items of personal property contained within or around the structure itself.
When discussing aspects of personal injury to actual persons, the common examples would be:
- Damage to the lungs caused by the process of smoke inhalation.
- Burns, lacerations, or scars.
- Disfigurement or disability.
- Lasting emotional distress or psychological trauma.
- The wrongful death of another person.
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What Are the Consequences of a Guilty Conviction for Arson Resulting in Injury?
Like any level of Florida law, the exact specifics of the punishment will vary widely on a case-by-case basis. This is due to the great variation in possible damage caused. However, the guidelines to expect in the courts of Bradenton, FL., are as follows:
- Arson that resulted in bodily harm – This would be classed as a first-degree misdemeanor. This would mean that you could face a fine that could go as high as $500 and a sentence of up to one year in jail. There are also other possible consequences, such as a sentence to additional probation.
- Arson that resulted in severe bodily harm – This would be classed as a second-degree felony. Therefore, the charges have increased dramatically with the severity of the injury. For an offense of this nature, you could face a huge jail sentence of up to fifteen years, and your fines could go as high as $10,000. As this is a felony, you can also expect a criminal record that won’t be able to be expunged or sealed, even by the most skilled lawyer.
- Arson by previously convicted criminals – If the situation is that you have already been previously convicted with at least two felonies prior to this arson case, then the consequences you can expect will be much higher. These are outlined in Florida Statute 775.084.
As you can see from the above, the consequences of committing arson are incredibly severe, and some of the consequences can be life-altering. This is especially true of the charges when bodily harm becomes serious bodily harm.
Lengthy prison sentence and crippling fine notwithstanding, any felony charge will remain on your record forever. This means it will be viewable by any future prospective employer and, as such, can make it incredibly difficult to seek worthwhile and competitively paid employment in the future.
Furthermore, there are other ways that a felony charge can impact your life in the future. This would include:
- It will become difficult to further your education in many ways. Primarily applications to specific colleges will become borderline impossible. It will also impact your ability to successfully receive academic grants and scholarships.
- It will also impact the ease of receiving future credit. This means that you may be disallowed a loan or bank overdraft on the grounds of your felony charges and criminal past.
- This lack of credit may also extend to housing-related difficulties, such as securing a rent agreement or mortgage agreement.
- If you have children and are separated from their other parent, a felony record may have an impact when you seek visitation or in the event of a custody battle.
- It will also make applying for certain types of licenses much more difficult.
As felonies are unable to ever be expunged or sealed, these consequences are far-ranging and will follow you for the rest of your life, even after you have completed your sentence in prison or parole.
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Possible Defenses for an Arson Case in Bradenton, FL.
While each individual arson involving personal injury case in Florida is different, there are several defenses that have been proven to be effective in previous cases.
These previously tried defenses are as follows:
- The accused lacked the intention to cause or trigger the explosion or fire that resulted in the arson charges.
- It may be argued that the fire was actually started accidentally. In this case, the accused could not have possibly willfully damaged the property or persons of another.
- You may be completely innocent. If you have a tight alibi, then your lawyer may be able to argue that it is a case of mistaken identity, and the accused was never actually involved in an arson attack.
- It may be possible that the evidence submitted to charge the accused with arson was incorrect. An attorney could argue that forensic analysis utilized by the prosecution was, in fact, either biased or faulty.
This is by no means an exhaustive list of all the possible defenses in an arson resulting in personal injury case. Any good lawyer will seek all the information surrounding your case and tailor-make you a defense to ensure that you achieve the best results possible. If you would like to benefit from this process, contact us today.
Contact The Law Place Today
If you have been accused of starting a fire or explosion that damaged a home, structure, or vehicle and resulted in bodily harm to another, contact us today for a free consultation.
We will be able to fully map out your progress in a free and confidential consultation. We can also work out a payment plan that is personal to you and includes no hidden costs or extra fees that you will not be informed about.
We keep our telephone lines open 24 hours a day, 7 days a week. Call The Law Place in Bradenton any time of the day or night on (941) 444-4444 today for the highest quality criminal defense representation!
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