Can You Be Arrested for Starting a Small Fire in Florida?

Even if you start a very small fire, you may still be charged with arson in Fort Myers. The definition of arson is quite broad in Florida. Sentences vary based on not only the size of the fire, but also the specific circumstances of the incident. For example, you might face a serious sentence for burning an object of high value – even if the object is quite small. If you are facing arson charges in Florida, you might want to discuss these subtleties in more detail with your criminal defense lawyer in Fort Myers.

Woman Faces First-Degree Arson for Minor Fire 

In July of 2024, it was reported that a woman from Fort Myers was facing a first-degree arson charge for a seemingly minor fire behind a bus stop. The officers managed to put out the fire very quickly, and no one was hurt. Nevertheless, the woman was charged with a crime that carries a maximum sentence of 30 years in prison.

According to Florida law, you might face first-degree arson charges if you intentionally damage any “structure where persons are normally present.” This may encompass a wide range of structures – including bus stops. Arson in the first degree is a first-degree felony.

Will this woman actually face a sentence of 30 years for starting a minor fire behind a bus stop? While anything is possible, one would think that a judge will deliver a much lower sentence. A lenient approach is especially likely if the defendant is homeless or mentally ill.

The Size of the Fire Isn’t Always Important 

You should know that the nature of the fire is just as important as the size of the inferno. Often, the economic value of the burned objects determines the sentence. If you burn an object worth less than $200, you face an “offense of criminal mischief” and a second-degree misdemeanor. If the object was worth between $200 and $1000, you face a first-degree felony. If the arson causes more than $1,000 in damage, you face a third-degree felony.

Regardless of their value, certain objects trigger heightened arson penalties. For example, burning an American flag is a federal offense – although defendants accused of this crime can easily avoid penalties by seeking constitutional protections under the first amendment. The same general logic applies to burning US money – which is another federal crime.

Find an Experienced Defense Lawyer in Florida 

If you’ve been searching for an experienced arson defense lawyer in Fort Myers, look no further than The Foley & Wilson Law Firm. Over the years, we have helped numerous defendants throughout the Sunshine State – and we know how serious arson charges can be in Florida. The consequences of this crime depend entirely on your unique situation, so book a consultation today to discuss these specifics in more detail.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.01.html

winknews.com/2024/07/22/woman-arrested-and-accused-of-arson-in-fort-myers/