North Port Arson Resulting in Injury Lawyer

The intentional burning of a house, a commercial building, or any other structure does not only result in costly repairs, but it is also inherently dangerous and can lead to serious injury or even death. Furthermore, it is not only the occupants of the structure who are put at risk when a fire is started. You will also have endangered any attending first responders, such as fire department personnel, emergency medics, and police officers that have a duty to save anyone who is trapped inside. Due to the serious nature of this crime, if you have been accused of arson in North Port or anywhere in Florida, and someone was injured, you must seek the counsel of an experienced criminal defense attorney as soon as possible.

The North Port arson attorneys at The Law Place have helped countless people that have found themselves facing severe penalties for serious crimes, including arson. By combining our many years of experience working in Florida courts, we can ensure that your rights are protected and you are given the best shot at a positive outcome in your case. We know how to handle tough cases, so call us today for a free consultation at (941) 444-4444. Phone lines are open 24/7.

Arson Resulting in Injury – How Arson is Defined in Florida

According to Florida Statute 806.01, arson is the “willful damage to a structure by fire or explosion, either illegally or during the commission of another felony.” A structure can be an enclosed area or building with a roof, any portable building, as well as tents, vehicles, and watercraft. You can also be charged with arson if you intentionally start a fire that results in damage to any surrounding property. The law regarding the crime of arson can be found under:

• Florida Statute 806.01 – Arson and criminal mischief.
• Florida Statute 806.031 – Arson resulting in injury to another.
• Florida Statute 817.233 – Burning to defraud the insurer.

In addition to arson, these statutes define additional crimes such as:

• Aggravated arson.
• The prevention or obstruction of any attempts to extinguish a fire.
• Calling in a false fire alarm.
• Firebombs.
• Criminal mischief.

The penalties associated with acts of arson are among the most serious. A judge will impose a prison sentence that reflects the facts of each specific case. They will look at any related charges, the severity of the crime, whether anyone was killed or injured, how serious the damage to the property was, and the defendant’s criminal history.

Definition of Arson

Arson is a serious crime that involves the intentional act of setting fire to a structure, property, or vehicle, resulting in damage or destruction. In the state of Florida, arson is defined under Florida Statute 806.01 as the “willful damage to a structure by fire or explosion, either illegally or during the commission of another felony.” This definition encompasses a wide range of scenarios, including intentionally starting a fire to harm someone, destroy property, or cover up a crime.

Arson can result in severe consequences, including property damage, serious injuries, and even loss of life. If you or a loved one has been accused of arson, it is essential to seek the counsel of an experienced criminal defense lawyer in North Port. The Law Place has a team of skilled attorneys with extensive experience in handling arson cases and can provide you with the guidance and representation you need to navigate the complex legal system.

Arson in Florida

According to the Florida Department of Law Enforcement, as many as 1,212 arson offenses were reported to law enforcement in 2018 alone, as well as:

• 841 acts of arson occurred in properties that were inhabited at the time the crime took place.
• 285 arsons occurred in a property that was abandoned.
• A total of 247 arrests were made for reports of arson to the Florida UCR program. 57 of those arrested were classed as juveniles, and 190 were adults.

Not only can starting a fire lead to extensive property damage, but it can also result in serious injuries to anyone that is inside the property as well as anyone who attends the scene, such as firefighters, police officers, and paramedics. This is why anyone who is convicted of this crime in North Port will face some of the most serious penalties. If you or a loved one has been injured in such an incident, contacting an injury attorney is crucial for assessing your case and securing representation. Experienced injury attorneys can navigate the complexities of dealing with insurance companies to ensure you receive fair compensation.

Some Common Instances of Arson Resulting in Injury in North Port

Exactly how arson can result in injury might seem obvious, but there are some less obvious instances that you may not have thought of, such as:

• A fire that was intentionally started in a home, church, or any other building that you assumed was unoccupied, but someone was inside the structure and was injured because of the fire.
• A fire was intentionally started in an unoccupied building, but in the process of putting out the fire, a firefighter sustained an injury.
• A forest fire that was intentionally started with no assumed risk of injury, but a camper in the forest was injured after being overcome by smoke inhalation.

If you have injured someone after starting a fire for any of the above reasons, you could be charged under statute Florida Statute 806.031. To find out if your actions could be considered arson, call us today for a free consultation. Additionally, the injured parties may pursue an injury claim to seek compensation for their damages.

Degrees of Arson According to Florida Law

The law in Florida categories types of arson crimes according to the type of structure that was damaged, the degree of damage caused, and the injuries caused to others because of the fire. If you have been accused of arson, you will face one of two different charges in the State of Florida:

First Degree Arson

You will face first-degree arson charges if you are found to have intentionally started a fire or started a fire whilst in the commission of a felony that results in damage to:

• Any dwelling – This could be a building, such as a home or an apartment complex, regardless of whether people were present in the dwelling at the time of the fire.
• Any structure – Where people are expected to be present, such as a hospital, school, jail, church, or retail store.

As well as any other type of structure or building that the defendant knew or should have known was occupied at the time of the fire.

In the State of Florida, the crime of first-degree arson is classed as a first-degree felony. If you are successfully convicted of this crime, you could face serious penalties, such as 30 years in prison and thousands of dollars in fines. A criminal defense attorney could work to get your charges reduced. Call The Law Place to find out more.

Second Degree Arson

You will face second-degree arson charges if you are found to have intentionally started a fire or start a fire while in the commission of another felony that causes damage to any property not covered by first-degree arson. If you are successfully convicted of this crime, penalties include up to 15 years in prison and thousands of dollars in fines

Arson Resulting in Injury

If another person is injured because of the fire you intentionally caused, you could face additional charges of arson resulting in injury to another on top of first-degree or second-degree felony arson charges. In such cases, consulting a personal injury lawyer is crucial to navigate the legal complexities. This could include a person who was inside the dwelling or a firefighter that attended the scene. No intent is needed to charge you with this crime, and it is always classed as a first-degree misdemeanor. You could face up to one year in jail and some substantial fines.

The penalties of the crime of arson resulting in injury are even more severe if the victim is seriously injured. If an act of arson results in serious bodily injury, permanent disability, or disfigurement for a firefighter or someone else, this crime becomes a second-degree felony, and those accused will face up to 15 years in prison. The financial burden of medical expenses due to such injuries can be overwhelming, making legal representation essential.

It is important to remember that any of these charges can be filed independently or in addition to any other arson charges, such as first-degree felony arson or second-degree felony arson. In other words, it is possible that you will be convicted of arson resulting in injury and first or second-degree arson.

Possible Defenses to Arson

While a criminal defense attorney will build your case based on the facts of your specific case, there are some “typical” defenses to crimes of arson:

Actual Innocence

You did not commit the crime you are being accused of. Perhaps you have a valid alibi, and/or the eyewitness has wrongly identified you. If there is any evidence to suggest you are innocent, this could be enough to have you acquitted as the state prosecutor has the burden of establishing that you are guilty beyond a reasonable doubt.

No intent

If there are no grounds to claim innocence, a North Port criminal defense lawyer can work to have your charges reduced. For example, in order to be charged with first-degree arson, it must be established in court that you intended to set a fire and cause injury. If this cannot be proven, you could avoid the most serious penalties.

No Motive

If the prosecutor fails to prove the motive in your case, they would not be able to establish that you intended to start the fire. A criminal defense lawyer can dismiss any suggestions of a possible motive, and this could lead to a reduction or a total dismissal of your charges.

What a Personal Injury Lawyer Can Do for You

Arson cases are complex and will usually involve expert testimony. This is where a skilled legal team becomes crucial in providing effective support and representation. For example, the court may call upon an arson examiner that can testify about accelerants, how the fire spread, how fast it spread, its origin, and why it spread. These experts will be able to use their knowledge to testify how they believe the defendant’s actions contributed to any damage or injury. This is why a criminal defense attorney is so important for a viable defense, as they can use their skills to question the expert’s credibility, discount their assumptions, and reject their conclusions.

Another key element to an arson case is identification. If a suspect cannot be properly identified, the state cannot secure a conviction. A lawyer can argue that the identification procedures that have been used in your case are unlawful and suggestive, and this could result in a dismissal.

What Makes The Law Place Different From Other Law Firms?

The Law Place is not like other law firms in Florida. Our law firm is the result of the combined knowledge, skills, assets, and experience of our established attorneys, who, together, are a dominant force in North Port and the State of Florida as a whole. Our personal injury lawyers are all litigators who are continuously fine-tuning their skills with the aim of securing victory and justice on behalf of their valued clients.

Our team has over 75 years of combined experience and has handled cases in almost every County in Florida, including North Port. Many of the attorneys at our law firm are rated AVVO 10.0, which is the highest possible rating on the site. This rating is based on trial skills, associations, awards, client reviews, and length of practice.

The lawyers at The Law Place have supported clients through some of the most difficult times in their life, working tirelessly to secure a positive outcome for them, and are ready to do the same for you.

Arson Resulting in Injury Defense in North Port

When faced with severe charges of arson resulting in injury in North Port, choosing the right legal representation is crucial. At The Law Place, our dedicated attorneys specialize in aggressively defending clients charged with arson cases involving injuries. By meticulously analyzing forensic evidence, we build robust defenses designed to achieve favorable outcomes for our clients.

Meet Our Esteemed Attorneys

David A. Haenel

Forensic Evidence Specialist | Aggressive Defense | Expert Negotiator

• Education: Widener University School of Law, J.D. (1999)
• Experience: Extensive experience challenging forensic evidence in serious injury-related arson charges.
• Recognition: “Superb” Avvo rating, Super Lawyers recognition.
• Bar Admission: Florida Bar (2001)
• Client Perspective: “David’s expert forensic challenge significantly reduced my charges. Highly skilled and dedicated.” – Martin F.

Darren M. Finebloom

Renowned Trial Attorney | Client Advocate | Exceptional Track Record

• Education: Cleveland-Marshall College of Law, J.D.
• Experience: Proven results in complex felony cases, including arson resulting in injury.
• Recognition: AV Preeminent Martindale-Hubbell, perfect 10.0 Avvo rating.
• Bar Admission: Florida Bar (2000)
• Client Perspective: “Darren successfully defended me in a serious arson injury case. His courtroom expertise was remarkable.” – Jonathan H.

AnneMarie R. Rizzo

Dedicated Legal Scientist | Compassionate Counselor | Nationally Recognized

• Education: University of Florida Levin College of Law, J.D.
• Experience: Skilled litigator adept at handling complex forensic cases with empathy and precision.
• Recognition: Frequent legal analyst on national media, President of DUI Defense Lawyers Association.
• Bar Admission: Florida Bar (2007)
• Client Perspective: “AnneMarie’s forensic skills and compassion delivered a life-changing outcome for me.” – Deborah R.

Proven Results and Client Testimonials

• “The attorneys at The Law Place skillfully handled my arson injury charges, significantly reducing penalties. Their dedication and support were outstanding.” – Gregory T.
• “Facing severe charges, I turned to The Law Place. Their expert legal team secured the best possible outcome in my arson-related case.” – Rebecca P.
• Case Success: Achieved reduced sentencing in a complex arson resulting in injury case by effectively challenging forensic and eyewitness evidence in North Port.
• Case Dismissal: Obtained dismissal of serious felony charges by uncovering investigative inconsistencies in a high-stakes arson case involving injuries.

At The Law Place, our primary goal is your freedom and future. If you’re facing arson resulting in injury charges in North Port, reach out to our experienced attorneys today for a free consultation.

FAQ Section

​Facing charges of arson resulting in injury in North Port, Florida, is a serious matter with potentially severe consequences. To help you navigate this complex situation, we’ve compiled a comprehensive FAQ section addressing common questions and concerns.​

What constitutes arson resulting in injury in Florida?

Arson involves the intentional and unlawful damage of property by fire or explosion. When such actions lead to injury, the offense becomes more severe, potentially resulting in enhanced charges and penalties.​

What are the penalties for arson resulting in injury?

In Florida, arson that causes injury is treated as a first-degree felony. Convictions can lead to:​

• Up to 30 years in prison.​
• Fines reaching $10,000.​
• Restitution to victims for damages and medical expenses.​

The severity of the sentence can vary based on factors such as the extent of injuries and prior criminal history.​

Can I be charged with arson if the fire was accidental?

No, arson charges require proof of intentional or willful actions. Accidental fires, such as those caused by negligence or unforeseen circumstances, do not constitute arson. For instance, if a fire resulted from falling asleep with a cigarette or an electrical malfunction, these would not typically lead to arson charges.​

What should I do if I’m accused of arson resulting in injury?

1. Seek Legal Representation Immediately: Contact an experienced criminal defense attorney specializing in arson cases.​
2. Exercise Your Right to Remain Silent: Avoid discussing the case with anyone other than your attorney to prevent self-incrimination.​
3. Gather Evidence: Collect any information that may support your defense, such as alibis or evidence indicating the fire was accidental.​

How can a defense attorney assist in my arson case?

A skilled defense attorney can:​

• Analyze Evidence: Scrutinize forensic reports and witness statements to identify inconsistencies.​
• Develop Defense Strategies: Argue lack of intent, mistaken identity, or challenge the prosecution’s evidence.​
• Negotiate Plea Deals: Work to reduce charges or penalties through negotiations.​
• Represent You in Court: Provide a robust defense during trial proceedings.​

Are there defenses available for arson charges?

Yes, common defenses include:​

• Lack of Intent: Demonstrating the fire was accidental.​
• Insufficient Evidence: Challenging the credibility or adequacy of the prosecution’s evidence.​
• Alibi: Providing evidence that you were elsewhere when the fire occurred.​
• Mistaken Identity: Arguing that you were wrongly identified as the perpetrator.​

Can juveniles be charged with arson resulting in injury?

Yes, juveniles can face arson charges. Depending on the case’s severity, they may be tried in juvenile court or, in serious instances, as adults.​

How long does an arson case typically take to resolve?

The duration varies based on factors like case complexity, evidence volume, and court schedules. Some cases resolve in months, while others may take over a year.​

What are the long-term consequences of an arson conviction?

Beyond legal penalties, a conviction can lead to:​

• Criminal Record: Affecting employment and housing opportunities.​
• Financial Strain: Due to fines, restitution, and legal fees.​
• Social Stigma: Impacting personal relationships and community standing.​

Can arson charges be reduced or dismissed?

Yes, with effective legal representation, it’s possible to have charges reduced or dismissed by:​

• Negotiating Plea Deals: Agreeing to lesser charges in exchange for a guilty plea.​
• Presenting Mitigating Evidence: Showing factors that lessen the offense’s severity.​
• Challenging Evidence: Questioning the validity or legality of the prosecution’s evidence.​

Is arson considered a violent crime in Florida?

While arson is primarily a property crime, when it results in injury, it’s treated similarly to violent crimes due to the harm caused to individuals.​

What role does forensic evidence play in arson cases?

Forensic evidence is crucial and may include:​

• Fire Patterns: Analyzing burn patterns to determine the fire’s origin.​
• Accelerant Detection: Identifying substances used to ignite or accelerate the fire.​
• Witness Testimonies: Corroborating evidence through observations and statements.​

Can I be charged with arson for burning my own property?

Yes, intentionally setting fire to your own property can lead to arson charges, especially if:​

• The fire poses a danger to others or adjacent properties.​
• There’s intent to defraud an insurance company.​

Florida law prohibits actions that endanger public safety or involve fraudulent intent.​

What is the statute of limitations for arson charges in Florida?

In Florida, the statute of limitations for arson is typically four years. However, if the arson resulted in injury or death, there may be no statute of limitations, allowing charges to be filed at any time.​

How does intent impact an arson charge?

Intent is a critical element. The prosecution must prove that the defendant willfully and unlawfully caused the fire. Accidental fires, lacking intent, do not constitute arson.

Call The Law Place for a Free Consultation

If you have been accused of arson resulting in injury in North Port, you should seek compensation and speak to a lawyer as soon as possible. Consulting a personal injury attorney during such critical moments can be crucial.

Law enforcement officers and state attorneys are known to aggressively investigate fires that they suspect were caused by arson. Investigators will work tirelessly to identify a suspect, and state attorneys will push long prison terms. When you are up against the extensive resources of local, state, and even federal law enforcement, you will need the most experienced arson defense lawyer in your corner that knows how to handle tough cases.

For more information about how our law firm can help you, call us today for a free, no-obligation consultation. Our telephone number is (941) 444-4444, and our phone lines are open 24 hours a day, 7 days a week.