Arson charges in Florida are among the most serious property crimes. Prosecutors take these cases seriously because fires can endanger lives, destroy property, and strain emergency resources. If you’re accused of setting or helping to set a fire in Bradenton or Sarasota, you need experienced legal defense right away. At Van Elswyk Law, we represent individuals facing arson and related charges throughout Manatee and Sarasota Counties. We work to protect your rights, challenge the prosecution’s evidence, and pursue the best possible outcome for your case.

Why Choose Van Elswyk Law

When your future is on the line, you want a defense team that knows how Florida arson cases are built and how to dismantle them.

We offer:

  • Firsthand courtroom experience in complex arson and felony cases
  • A deep understanding of Florida’s fire investigation procedures and evidentiary standards
  • Strategic defenses built around weak points in the prosecution’s case
  • Direct, responsive communication with your attorney throughout the process
  • A commitment to protecting your record, your freedom, and your reputation

Understanding Florida’s Degrees of Arson

Under Florida Statute §806.01, arson is the willful and unlawful burning of property. The severity of the charge depends on the type of structure involved and whether anyone was endangered. 

First-Degree Arson 

Applies when a fire damages a dwelling or any structure where people are normally present, such as a business, church, or school. This is a first-degree felony punishable by up to 30 years in prison and $10,000 in fines.

Second-Degree Arson

Covers fires that damage other structures, such as storage buildings, vehicles, or abandoned properties. It is a second-degree felony, carrying a sentence of up to 15 years in prison and significant fines. 

Related Fire and Property Damage Offenses

Florida also prosecutes criminal mischief for property damage and interfering with fire control efforts (such as damaging hydrants or equipment). Depending on the extent of harm, these may be charged as misdemeanors or felonies.

To convict, prosecutors must prove that you willfully and unlawfully caused a fire or explosion that damaged a structure and that the act was not accidental. Intent is often the most disputed issue, and where a skilled criminal defense attorney can make the greatest impact.

How Arson Investigations Work

Fire investigations are highly technical and often rely on circumstantial evidence. Investigators use scientific methods to determine how and where a fire started and whether accelerants were involved. Common techniques include:

  • Scene analysis: Identifying burn patterns, points of origin, and possible use of flammable liquids
  • Chemical testing: Detecting accelerants through residue samples
  • Expert testimony: Fire marshals or forensic scientists explaining their findings to a jury
  • Witness interviews: Statements from neighbors, first responders, or alleged accomplices

However, these methods are not foolproof. Residue contamination, faulty testing, or mistaken assumptions can lead to wrongful accusations. We review every report, photograph, and lab result to uncover inconsistencies or procedural errors.

Enhanced Penalties in Florida Arson Cases

Certain circumstances can increase punishment or add separate charges. You may face additional penalties if:

  • Someone was injured during the fire. Bodily harm can result in a misdemeanor charge, while serious injury or permanent disfigurement can lead to a separate felony under Florida Statute §806.031.
  • The structure was occupied or typically used by the public.
  • The fire was connected to another offense, such as burglary, insurance fraud, or evidence destruction.

These factors can dramatically raise sentencing exposure. We focus on challenging questionable evidence and causation to minimize or eliminate enhancement-related penalties.

Defending Against Arson Charges

Defending an arson case requires careful analysis of both scientific and circumstantial evidence. Common defense strategies include:

  • Arguing that the fire was accidental rather than intentional
  • Demonstrating that accelerant evidence was contaminated or misinterpreted
  • Challenging witness credibility or the validity of statements
  • Showing that law enforcement mishandled the investigation
  • Presenting alibi evidence or proof of lack of motive

Our firm works with fire science consultants and forensic experts to challenge questionable findings and protect your rights.

Get Legal Help From Van Elswyk Law

If you’ve been accused of arson in Bradenton, Sarasota, or anywhere in Southwest Florida, contact Van Elswyk Law as soon as possible. Arson cases move quickly, and early legal representation can make all the difference. We will investigate the evidence, protect your rights, and fight for a fair outcome.

Call Van Elswyk Law today to schedule a confidential consultation and discuss your defense options.

Frequently Asked Questions

What happens if the fire was accidental?

If there’s evidence that the fire started unintentionally, you may not be criminally liable. Your attorney can use expert testimony to show that no deliberate act occurred.

Can arson charges be dropped or reduced?

Yes. Weak or improperly obtained evidence may lead prosecutors to reduce charges to criminal mischief or dismiss the case entirely. 

What should I do if I’m being investigated but haven’t been charged?

Contact a defense attorney immediately. Speaking to investigators without representation can hurt your defense, even if you believe you’ve done nothing wrong.