Orlando Arson Lawyer

Arson is one of the most aggressively prosecuted property crimes in Florida. Unlike most theft and damage offenses, arson can be charged as a first-degree felony punishable by 30 years in state prison, and an arson investigation often begins before the fire is fully out. State and local fire marshals, ATF agents, and insurance company investigators each have an incentive to identify a suspect quickly, and the financial pressure surrounding many fire losses, including foreclosure, business losses, or pending insurance claims, can turn an innocent property owner into the prosecution’s primary target.

At The Wiseman Law Firm, Attorney Simon Wiseman has defended clients against serious felony charges in Central Florida for more than 25 years, including service as a state prosecutor in Orange County before opening his defense practice. Arson cases turn on fire science, specialist witness testimony, and the integrity of the origin-and-cause determination, and they reward defense lawyers who know how to dismantle each of those pieces. Browse our full violent crimes practice area for related charges.

How Florida Defines Arson Under Statute 806.01

Arson in Florida is governed primarily by Florida Statute 806.01, which defines the offense as the willful and unlawful damaging of a structure by fire or explosion, or the damaging of a structure during the commission of any felony. The State of Florida classifies arson into two degrees based primarily on whether the structure was occupied or normally used by people, with related statutes addressing arson that injures another person, arson causing death, and the lesser charge of criminal mischief involving fire.

The State of Florida must prove two elements beyond a reasonable doubt in every arson case. First, that the fire was set willfully, meaning intentionally rather than accidentally or recklessly. Second, that the defendant was the person who set it. Both elements can be challenged. A fire that originated from faulty wiring, an unattended cooking appliance, or a discarded cigarette is not arson, regardless of how the State characterizes it. And in many arson cases, the only evidence connecting the defendant to the fire is circumstantial.

First-Degree Arson in Florida

A first-degree felony arson charge applies when the structure damaged was a dwelling, occupied or unoccupied, or a structure where people are normally present, such as a hospital, school, church, jail, business during operating hours, or any structure the defendant knew or reasonably should have known was occupied. First-degree arson carries a maximum penalty of 30 years in state prison and a $10,000 fine, and a conviction places a permanent felony on the defendant’s record that cannot be sealed or expunged. Florida’s Criminal Punishment Code classifies first-degree arson as a Level 7 offense, which produces a substantial minimum sentencing score even without aggravating factors.

Second-Degree Arson in Florida

Second-degree arson is any willful damage by fire or explosion to a structure that does not fall within the first-degree definition. This typically includes unoccupied storage buildings, sheds, fences, and similar structures. Second-degree arson is a second-degree felony, punishable by up to 15 years in state prison and a $10,000 fine. Importantly, a person can be charged with second-degree arson for damaging property they personally own. Setting fire to your own building, vehicle, or boat is not a defense if the State can prove willful damage by fire.

Arson Resulting in Injury or Death

Florida treats injuries and deaths caused by arson as separate, additional offenses on top of the underlying arson charge. Under Florida Statute 806.031, arson that causes bodily harm to a firefighter or any other person is a first-degree misdemeanor, and arson that causes great bodily harm, permanent disability, or permanent disfigurement is a second-degree felony, punishable by up to 15 years in prison. Critically, the State does not need to prove the defendant intended to injure anyone, only that the injury resulted from the arson.

If a person dies as a result of arson, the charge can rise to felony murder under Florida Statute 782.04. Felony murder is a capital offense in Florida, punishable by life in prison without the possibility of parole or by the death penalty. Because the underlying arson establishes the intent element of felony murder, a defendant can be sentenced to life or death without the State ever proving an intent to kill.

How Arson Cases Are Investigated in Orange County

Arson cases are investigated differently than almost any other property crime. The scene is typically a destroyed structure, the physical evidence has often been altered by fire and water damage, and the State’s case usually rests on the opinion testimony of a fire investigator who reconstructs the origin and cause of the fire after the fact. In Orange County, that investigation is led by the Orange County Fire Rescue arson unit or the Orlando Fire Department arson investigators, often with assistance from the State Fire Marshal and, in larger cases, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

Insurance companies also conduct their own parallel investigations, and information disclosed during a sworn examination under oath in an insurance claim can later be turned over to law enforcement. Investigators look for accelerants using canine teams and laboratory gas chromatography, examine burn patterns to determine the point of origin, and review financial records for motive. The challenge for the defense is that decades of academic research, including reports by the National Fire Protection Association and the National Institute of Justice, have shown that many traditional fire-investigation indicators, such as alligator-pattern char, pour patterns, and concrete spalling, are unreliable as standalone evidence of arson. Those weaknesses can be exposed through cross-examination, qualified defense witnesses, and motions to exclude unreliable scientific evidence.

Common Defenses Against Arson Charges

Every arson case is fact-specific, and the right defense depends on what the evidence actually shows. The defenses most often available in Florida arson cases fall into several categories:

• Accidental fire, meaning the fire was caused by faulty wiring, an appliance malfunction, an unattended candle or cooking fire, a lightning strike, or another non-criminal source
• Unreliable origin-and-cause determination, where the State’s fire investigator relied on discredited indicators or skipped steps required by NFPA 921
• Lack of intent, where the State cannot prove the fire was set willfully rather than recklessly or negligently, which may support a reduction to a lesser charge such as criminal mischief or fraud
• Misidentification or alibi, where the State’s evidence connecting the defendant to the scene is circumstantial and another reasonable explanation exists
• Constitutional violations, including unlawful searches of the fire scene, custodial interrogation without Miranda warnings, or evidence obtained through coercion
• Insufficient evidence of motive, particularly when the State’s theory rests on a presumed financial benefit that does not match the actual facts

In some cases, the strongest defense strategy is to negotiate the arson charge down to a lesser offense, such as criminal mischief under Florida Statute 806.13, which can be a misdemeanor depending on the dollar value of the damage. That option is only available with a lawyer who can credibly threaten to take the case to trial. For other categories of violent felony charges in Central Florida, see our pages on assault and battery and murder and manslaughter.

What to Do If You Are Investigated or Charged With Arson

The hours and days after a fire are the most important period in an arson case. Three rules protect your case from day one. First, do not give any statement to fire marshals, ATF agents, insurance investigators, or police, even if you are confident the fire was an accident and you have nothing to hide. Innocent explanations are routinely twisted by prosecutors at trial, and you have an absolute right to have counsel present during any questioning.

Second, do not consent to a search of the fire scene, your home, your vehicle, your phone, or your financial records. Investigators frequently ask for consent because they lack probable cause to obtain a warrant, and consent waives constitutional protections that may otherwise win the case at a motion to suppress. Third, do not discuss the fire on social media, do not text or message anyone about it, and do not provide a sworn proof-of-loss statement to your insurance company without your lawyer reviewing it first. Insurance fraud and arson are frequently charged together, and a careless answer in an insurance claim can become evidence of a criminal motive.

Frequently Asked Questions About Florida Arson Charges

Contact The Wiseman Law Firm for Orlando Arson Defense

Attorney Simon Wiseman is a former Orange County state prosecutor with more than 25 years of trial experience in Central Florida’s criminal courts. He has handled cases ranging from low-level misdemeanors to first-degree felonies punishable by life, and is 5-star rated on Google. His criminal trial record includes not guilty verdicts on first-degree felony cases and sex offense cases, and his two victories at the Florida Supreme Court created new law in the State of Florida. Additional outcomes are available on the firm’s case results page.

If you or someone in your family is under investigation for arson or has been charged with arson in Orlando, do not wait to involve a lawyer. The earlier Attorney Wiseman is engaged, the more options remain on the table, including challenging the origin-and-cause determination, suppressing improperly obtained statements and evidence, and negotiating reduced charges before formal filing. Call (407) 420-4647 or contact The Wiseman Law Firm online to schedule your free, confidential consultation today.

Legally Reviewed by Simon Wiseman, Founding Attorney, The Wiseman Law Firm