Arson Resulting in Injury
Arson Resulting in Injury is charged when the crime of Arson results in bodily injury to another person, and includes any injury to a rescue worker who responds to the fire or explosion. . Arson is a very serious offense. There are countless technical issues which may help to turn the tide of a case. If you or a loved one has been accused of Arson Resulting in Injury in Broward, Miami-Dade, or Palm Beach county, call our office to speak to one of our Criminal Defense Attorneys.Definition of Arson Resulting in Injury in Florida
Arson Resulting in Injury, as defined by § 806.031, Florida Statutes, involves causing a fire or explosion in a dwelling or structure, as defined in the crime of Arson, which results in an injury to another person. The charge of Arson Resulting in Injury does not require there be an intent to harm another person.
The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of Arson Resulting in Injury by establishing the following three (3) elements of the crime:
(1) The defendant willfully and unlawfully caused a fire or explosion, or while engaged in the commission of a felony caused a fire or explosion; and
(2) The fire or explosion damaged one of the following: (a) a dwelling or its contents whether it was occupied or not; or (b) a structure or its contents where persons are normally present at the time of the fire or explosion; or (c) a structure that the defendant had reason to know would be occupied at the time of the fire or explosion; or (d) a structure owned by the defendant or another and the circumstances other than a dwelling or occupied structure described above
(3) As a result of the fire or explosion, bodily harm, or great bodily harm, permanent disability, or permanent disfigurement, was caused to another person.
In order to convict the defendant of Arson Resulting in Injury, it is not necessary for the State to prove the defendant intended to damage the structure.Penalties for Arson Resulting in Injury in Florida
A person convicted and adjudicated guilty of the crime of Arson may be sentenced separately for any Arson Resulting in Injury committed during the same criminal event.
(1) Arson Resulting in Injury that results in bodily harm is a first degree misdemeanor punishable by up to 1 year in prison and a fine of up to $500 as provided in § 775.082 and § 775.083 Florida Statutes.
(2) Arson Resulting in Injury that results in great bodily harm, permanent disability, or permanent disfigurement is a second degree felony punishable by up to 15 years in prison and a fine of up to $10,000 as provided in § 775.082 and § 775.083 Florida Statutes.
Note: Any defendant previously convicted of any combination of two or more felonies in Florida who is subsequently convicted of another felony is subject to enhanced penalties or a mandatory minimum prison term as provided in § 775.084.Defenses to Arson Resulting in Injury in Florida
(1) Mistaken identity
(2) Solid alibi
(3) The fire was not deliberately set
(4) The fire was accidentally or recklessly set, but not willfullyExamples of Arson Resulting in Injury in Florida
(1) Intentionally setting a fire in a home, house of worship, or other occupied building and someone inside the structure was injured as a result of the fire
(2) Intentionally burning an unoccupied building and one of the rescue workers was harmed while attempting to quell the fire
(3) Intentionally starting a fire to collect insurance and a rescue worker became injured while fighting the fire
(4) Intentionally causing a fire in a forest and a camper became overcome by smoke and diedContact Us
If you have been charged with the crime of Arson Resulting in Injury in Broward, Miami-Dade, or Palm Beach County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.