
Florida treats property crime seriously, arson in particular. If you are arrested under suspicion of committing arson in Clearwater, Florida, you should be expecting to face some serious consequences if you are convicted. These tough laws are in place so that the State of Florida can harshly punish arson offenders in order to deter others.
Due to this, it is absolutely crucial that you seek the aid of a skilled Clearwater criminal defense lawyer to defend you. They could be the only thing stopping you from spending time in prison, paying giant fines, and getting a criminal record that could haunt you for a long time. Your Clearwater criminal defense attorney should be skilled and knowledgeable, with a number of successful cases like yours under their belt.
At The Law Place, we understand how serious the responsibility you are placing on us is, and we are ready to fight tooth and nail to show you that you made the right choice by hiring us. We have fought on both sides of the courtroom, and our team has clocked up nearly 75 years of experience collectively. We will fight to have your charges dropped, and if that is not possible, we will utilize all of our negotiating power to secure you a reduced sentence and lessened charges.
For no-obligation, unbiased advice, a free consultation, and a compassionate ear, call us immediately at (941) 444-4444. You can call at any hour of the day, and somebody will be here to help!
How Does the Law Define Arson?
Under Florida Statute 806.01, arson is defined as the willing and unlawful damage of a property through the use of fire or explosives. If the building had a high probability of containing human life, the charges are more severe in Clearwater, Florida.
Some common types of property that could be included are:
- Churches.
- Nursing homes.
- Health care facilities.
- Schools.
- Shops.
- Hospitals.
- Jails.
For buildings that do not typically contain a human being, the charges are generally lessened but are still very serious.
Potential Punishments for Committing Arson
Clearwater, Florida, has very severe laws when it comes to arson offenders. Of all the property crimes, none have the same stigma and punishment in place as arson. No matter what the scenario, you will be looking at a felony charge if you are convicted. Whether the felony is first-degree, second-degree, or third-degree will depend on the specifics of your crime, with the level increasing in relation to the possibility of human injury.
When arson is committed to a structure that has a very high chance of human residence, such as a house, tent, or trailer, a first-degree felony is extremely likely.
If the structure has a low chance of human residence and nobody is injured, a second-degree felony is the most likely result.
If an injury has occurred, there will usually be additional charges added to the original one. For a serious injury, there will be a first-degree misdemeanor added, and for a less serious injury, there will be a second-degree misdemeanor added.
First-degree felonies carry potential sentences of up to life in prison, with second-degree felonies carrying up to 30 years in Clearwater, Florida.
Additional Consequences of an Arson Conviction
It isn’t just jail time and huge fines that you should be worried about either. The long-reaching consequences of being convicted of a felony include:
- Low chance of employment.
- Low chance of loan or mortgage offers.
- Custody and visitation problems.
- A ban from obtaining certain licenses.
Potential Defenses Against Arson Charges
The first thing you should know is that for the highest chances of a successful defense, you need to get in touch with a law firm in Clearwater, Florida, at the earliest possible convenience. Your representation will have the best possible chance of building a quick and solid defense for you if you call as soon as possible after the arrest.
We may also be able to advise you on how to talk to the law enforcement involved who may be trying to coerce you into saying something that could be used against you in court.
In terms of your defense, there are a number of different angles we could take. In court, we might argue that:
- The fire was not started purposefully.
- The fire was started by someone else.
- The fire was started by an act of nature or electrical fault.
- The evidence used against you is incorrect, invalid, or was obtained unlawfully.
Questions You Should Always Ask Before Agreeing to Representation
Placing the fate of your life into the hands of another person is a nerve-wracking leap of faith. Everyone will tell you that you need to do your research and compare each potential law firm to find the best one. We agree with this. Here at The Law Place, we know that we can offer an incredible level of skill and expertise when it comes to criminal defense. With our years of experience, here are the questions we believe you should ask your potential criminal defense lawyer before agreeing to representation:
- Have you handled cases that are similar to mine?
- Have you won cases similar to mine?
- How many trials with a jury have you litigated?
- What is your record for working out plea agreements?
- What are your fees? Can I pay them in monthly installments if they end up being larger than expected?
- Can you provide me with references?
Whilst the first questions are important, the last one, in particular, is imperative. Any law firm worth their salt in Clearwater, Florida, will provide you with previous client testimonials and reviews from happy clients that they have won successful outcomes for. If they are not willing to give you this, then stay well clear of them.
Clearwater Arson Lawyer
Meet the Team
David Haenel guides our Clearwater arson-defense practice and spent years as a state prosecutor handling complex fire cases. Darren Finebloom dissects burn-pattern reports and cross-examines fire marshals with clear, simple language. AnneMarie Rizzo files suppression motions that challenge search-warrant probable cause and lab-test accuracy, while paralegals Rose and Tracy track discovery deadlines and text daily updates so every client always knows the next step.
Reviews & Testimonials
“They charged me with first-degree arson, but David found lab errors and the case was dropped.”
“Darren broke down complicated fire-science terms in court and the jury said not guilty.”
“The whole team treated me with respect and never stopped until my record stayed clean.”
Case Studies
Electrical-Fire Misclassification in Largo
A warehouse blaze led to a first-degree arson arrest. Darren hired an independent fire investigator who traced ignition to faulty wiring, not accelerant. Prosecutors dismissed all charges one week before trial.
Motel Room Blaze on Gulf-to-Bay Boulevard
Police claimed a guest started a mattress fire. Thermal-imaging data showed the focal heat was near a wall outlet. AnneMarie obtained a plea reduction to misdemeanor criminal mischief with withheld adjudication and no jail.
Insurance-Fraud Allegation in Dunedin
A homeowner was accused of torching a garage for payout. David uncovered cell-tower pings proving the client was across town. The State filed a nolle prosequi and the insurer reinstated coverage.
Comprehensive FAQ
What is arson under Florida law?
Florida Statute 806.01 defines arson as willfully and unlawfully damaging a dwelling or structure by fire or explosion. A structure includes sheds, boats, and any enclosed area with a roof.
How many degrees of arson exist?
First-degree arson involves occupied dwellings, vehicles, or places people normally use. Second-degree arson covers unoccupied structures. Both are felonies, with first degree punishable by up to thirty years in prison and second degree by fifteen.
Can I be charged if the fire was an accident?
Arson requires willful intent. If an electrical short or careless smoker caused the blaze, prosecutors must prove beyond reasonable doubt that you meant to start the fire. Showing accidental ignition can defeat intent.
What penalties follow an arson conviction?
First-degree arson carries up to thirty years in prison, thirty years of probation, and a $10,000 fine. Mandatory restitution covers firefighting costs and property loss. A conviction is never sealable or expungeable.
How is arson investigated in Clearwater?
The Clearwater Fire Marshal and the State Fire Marshal use origin-and-cause analysis, accelerant-detection dogs, and laboratory testing of debris. They review surveillance video, insurance motives, and past disputes to build a timeline.
What defenses are common?
Defenses include accidental origin, faulty lab analysis, biased dog alerts, illegal search of the scene, mistaken identity, and alibi. Cross-examining investigators on methodology often exposes shaky conclusions.
Why is an independent fire expert important?
Private investigators review burn patterns, electrical systems, and ignition sources without government bias. Their testimony can contradict State findings, creating reasonable doubt that stops a conviction.
Can police search a burned building without a warrant?
Officers may enter immediately to fight the fire and determine origin. Once control shifts from emergency to investigation, they need a warrant or consent. Evidence collected after the emergency can be suppressed if seized without legal authority.
How does insurance fraud relate to arson?
Insurers deny claims if they suspect owners set fires to collect money. A criminal charge can trigger a civil suit for false claims. Avoiding conviction protects both freedom and financial recovery.
What if no accelerant was found?
Many accidental fires show no accelerant. Lack of chemical residue weakens intent arguments and supports alternative ignition theories like wiring faults or spontaneous combustion of oily rags.
Will I lose my professional license after an arson arrest?
Florida boards for real estate, nursing, and teaching require reporting felony charges. A dismissal or reduction to a misdemeanor helps protect licensing. Immediate legal action limits career damage.
How soon should I hire an attorney?
Within days. Early counsel files preservation letters, secures debris samples for independent testing, and prevents interrogation mistakes. Fast action often spells the difference between dismissal and prison.
Can arson charges be reduced?
Yes. Weak intent evidence can lead to pleas for criminal mischief or reckless burning with probation. Restitution payment and fire-safety classes often persuade prosecutors to accept reductions.
What is restitution in arson cases?
Courts order repayment of firefighting expenses, structural repairs, and personal-property losses. Detailed insurance estimates let defense challenge inflated numbers and set manageable payment plans.
How long does an arson case take in Pinellas County?
Simple cases resolve in four to six months. Fires requiring complex lab tests or multiple experts can last a year or more. Trial dates increase settlement pressure and often lead to late plea offers.
Are juvenile arson cases treated differently?
Juveniles face delinquency court, where judges focus on rehabilitation. Programs include counseling, restitution, and fire-safety education. Felony adjudication is still possible, so strong defense remains crucial.
Can a record be sealed after dismissal?
Yes. If charges are dropped or you are acquitted, Florida allows immediate expungement. Acting quickly removes arrest records from public view and background checks.
How does bail work for arson?
Pinellas County bond for first-degree arson often starts at $25,000. A lawyer can request reduction by presenting employment proof, family support, and absence of prior violent felonies.
Will my home insurer cooperate if I am cleared?
Once criminal charges are dismissed, insurers often reopen claims. Providing the dismissal order and independent expert reports helps reinstate coverage and speed payouts.
Why choose a Clearwater-based arson lawyer?
Local counsel understands Pinellas judges, jury attitudes, and fire-marshal tactics. Proximity allows rapid scene inspections and quick lab-sample pickups, strengthening your defense from day one.
Contact The Law Place Today
This could be the most important decision you ever make, and we understand that. Here at The Law Place, we have a huge amount of experience that adds up to nearly 75 years in the courtroom, defending and opposing clients just like you. This gives us a vast wealth of knowledge and ability. Each and every member of our team is competent and compassionate, and by hiring us, you get the combined power of a team of attorneys who excel at what they do.
If you are scared and unsure, give us a call, we will be able to give you unbiased and clear legal advice from a place of clarity. If you feel confident in us after that call, you can arrange a free consultation.
Our team is here, ready to fight, stand up for your rights, and seek the best possible results on your behalf. Make sure you go into the courtroom with confidence and an attorney you believe in at your back.
Call us today at (941) 444-4444.