ESCOBAR AND ASSOCIATES ANNOUCEMENT REGARDING COVID-19

Escobar and Associates Attorneys at Law remains open during the COVID-19 Coronavirus pandemic. Legal services are defined as “essential” within the Stay at Home Order executed by Florida Governor, Ron DeSantis. We remain committed to providing uninterrupted legal services to all clients. We also remain dedicated to the health and safety of our clients and staff. Within the office, our firm has already implemented protocols to keep clients and staff safe during this crisis. We understand as criminal defense attorneys how crucial it is for our attorneys and staff to remain available 24 hours a day, seven days a week to provide legal services for clients in need.

Your pursuit of justice starts here!

Speak to an attorney 24 hours a day free consultations

Email Us & Get Help
Today

How does Florida define the crime of arson?

| Feb 12, 2015 | Theft & Property Crimes

Florida law covers two types of Arson: first degree and second degree. Both variants are felonies with the severity of degree of the felony matching the severity of the act of arson itself.

It is possible to commit arson against almost any kind of structure located on real property: houses, commercial buildings, vehicles, sheds and even tents. The statute actually refers to real property (not the structures) as possibly being subject to arson.

Nor is arson restricted to burning down of blowing up the property of other people. Second degree arson includes destroying your own property as well as that of others.

There are distinctions between first and second degree arson. First degree arson is the most serious form of arson because it involves the destruction of a dwelling (regardless of whether anyone is inside), or any other structure that the perpetrator either knows or could reasonably foresee is occupied.

Depending on the circumstances, particularly whether anyone dies during the commission of the arson, the incarceration penalty for a first degree crime of this nature can be up to life in prison or even death.

Second degree arson occurs when there is an absence of people and the building is not a dwelling. It is the absence of people or the threat to people that lessens the crime of arson to second degree status.

Arson resulting in death is a capital felony if the killing was purposeful. It is a first degree felony if the killing was unintended. Because of its methodology, fire and explosives, arson is treated with grave seriousness under Florida law. Heavy fines can be expected from any conviction, and as shown above if someone dies even as an indirect result the prison sentence can go all the way up to life behind bars.

Arson is a complex area of criminal law that is presented as an overview by this post. You should not rely upon the information as legal advice. Defending yourself against a claim of arson, or murder in connection with arson, requires a highly experienced and skilled legal defense team. Your long-term freedom or even your life may depend on the performance of your defense counsel. Seek legal advice and guidance from an attorney.

  • Martindale-Hubbell | Top rated lawyer in Tampa | Richard Escobar | For Ethical Standards and Legal Ability | Martindale-Hubbell Top rated lawyer
  • Top Lawyers 2016 | Richard Escobar
  • Top Lawyers 2016 | Dino Michaels
  • Highest Possible Rating in Both Legal Ability & Ethical Standards | AV |AV Preeminent | Richard Escobar | 2016
  • Judicial Education | AV | AV Preeminent | Richard Escobar | 2016
  • CLIENT | DISTINCTION AWARD | Dino mike Michaels, Esq. | Recognized for Excellence | Quality of Service | Overall Value | Responsiveness | Communication Ability
  • 15 | YEAR | Anniversary | Proudly Serving | the Community | Since 2001 | Dino Mike Michaels
  • 10 Best 2018 | Richard Escobar | Client Satisfaction | American Institute Of Criminal Law Attorneys

Archives

Email Us & Get Help
Today

FindLaw Network