If you are charged with arson, an Orlando arson defense attorney can step in early to challenge the evidence, protect your rights, and fight to keep you out of prison. In Florida, arson is a serious felony that can bring long prison sentences, probation, and major fines, so what you do right now matters.
A common question is: what happens if you are accused of setting a fire in Florida? In most cases, fire investigators and police move quickly, the State Attorney’s Office reviews their reports, and charges are filed based on the structure involved and the claimed cause of the fire. That is why you should talk with an Orlando arson defense lawyer as soon as you learn you are under investigation or have been arrested.
How Florida Arson Charges Work
Under Florida Statute 806.01, arson generally means willfully and unlawfully damaging a structure by fire or explosion. The law applies whether the building belongs to you or someone else.
If prosecutors say the fire involved a dwelling or a place where people are normally present, arson may be charged as a first degree felony. First degree arson can carry up to 30 years in prison, along with probation and significant fines.
If the fire involves a structure that does not fall into that higher-risk category, the case may be charged as second degree arson. Second degree arson is a second degree felony that can bring up to 15 years in prison, probation, and a fine of up to $10,000.
The State still has to prove that the fire was intentional. In many arson cases, the main dispute is whether the fire was truly set on purpose, whether the cause-and-origin investigation is reliable, and whether the State can prove beyond a reasonable doubt that you were the person responsible.
Specialized investigators, including the Florida Bureau of Fire, Arson, and Explosives Investigations, often get involved in suspected arson cases. That means your case may turn on fire-science opinions, burn patterns, and technical reconstruction, not just simple witness statements.
Why You Need an Orlando Arson Defense Attorney
An experienced arson defense attorney does far more than stand beside you in court. Your lawyer can dig into the fire investigation, examine how the scene was processed, and check whether the experts used accepted methods or cut corners.
Because arson is often proven with circumstantial evidence, prosecutors may try to build a story based on motive, financial pressure, insurance issues, or “suspicious” behavior. A criminal defense lawyer in Orlando can push back against those assumptions and force the State Attorney’s Office to prove every element of the charge instead of expecting you to explain yourself.
Your defense may include:
- Challenging the State’s cause-and-origin findings and pointing out flaws in the fire investigation.
- Presenting evidence that the fire was accidental, electrical, or otherwise not intentionally set.
- Filing motions to suppress statements or physical evidence obtained in violation of your rights.
- Using independent experts and witnesses to attack the prosecution’s theory and support a favorable outcome.
If your case goes to trial, a prepared Orlando arson defense lawyer can cross-examine the State’s experts, present your own expert testimony, and offer mitigation when appropriate. Even outside of trial, a strong defense can improve your options in plea negotiations and reduce your exposure to long jail time.
How an Orlando Arson Defense Attorney Can Help You
When you are facing an arson charge, you are up against trained investigators and experienced prosecutors who handle serious felonies every day. You need a criminal defense team that knows how these cases are built in Central Florida and how to spot weaknesses in the State’s file.
The Rivas Law Firm handles major felony cases, including arson and other serious offenses, and brings the same aggressive approach it uses in violent crimes defense to fire-related charges. That means focusing on the facts, testing the State’s experts, and being ready to litigate when necessary.
A criminal defense lawyer in Orlando should start by reviewing the fire reports, photographs, lab results, expert opinions, and witness interviews. That kind of detailed review is the foundation of the firm’s criminal practice and guides decisions about motions, negotiations, and trial strategy in every case.
Because arson is charged as a felony and often treated like a violent crime, the fallout can look a lot like other high-stakes charges, including problems with work, housing, professional licenses, and your reputation. That is why you need an Orlando arson defense lawyer who can weigh both your immediate risk of jail time and the long-term cost of a felony record.
Your case will move through the local criminal courts, and the Orange County Clerk’s criminal court division provides information about court locations and procedures in Orlando. An attorney who appears regularly in these courts can help you understand each step, from first appearance and arraignment to possible motions hearings and trial.
Call 407-644-2466 to speak with an Orlando arson defense attorney at the Rivas Law Firm, P.A.
Frequently Asked Questions
What should I do if the police say I started a fire but it was an accident?
Do not try to explain everything to investigators on your own. An arson defense attorney can protect you from saying things that may be misunderstood and can begin gathering evidence that supports your claim that the fire was accidental.
Can I go to prison for arson in Florida even if no one was hurt?
Yes. Even if nobody was injured, arson can still be charged as a serious felony in Florida, and depending on the type of structure, you may be facing a potential prison sentence, probation, and large fines.
When should I call an Orlando arson defense attorney after an arrest or investigation?
You should call as soon as you learn you are a suspect, are contacted by fire investigators or police, or are arrested. The sooner an Orlando arson defense lawyer gets involved, the sooner the defense can challenge the investigation, preserve helpful evidence, and start protecting your position in court.
Jose Rivas has litigated thousands of criminal cases and frequently serves as a legal analyst for both local and national media networks. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.