Arson is one of the most aggressively prosecuted property crimes in Florida — and one of the most frequently misunderstood. A fire that started by accident, a faulty electrical panel, a discarded cigarette, or a botched investigation can leave an innocent person facing a first-degree felony and up to 30 years in prison. Insurance companies, fire marshals, and prosecutors often decide a fire was “suspicious” long before all the evidence is in.

At Bozanic Law, we know how arson cases are really built — and how they fall apart. Attorney Zeljka Bozanic is Board Certified in Criminal Trial Law, a distinction held by fewer than 1% of Florida attorneys, and a former Miami-Dade prosecutor with 20 years of courtroom experience. She has seen firsthand how much of a typical arson case rests on opinion evidence: an investigator’s conclusion about where and how a fire started. Opinions can be challenged. Science can be tested. And juries can be shown the difference between a tragedy and a crime.

If you are under investigation or have been arrested for arson in Fort Lauderdale, Broward County, or anywhere in South Florida, the time to act is now — often before charges are even filed.

Quick Reference: Arson in Florida

What Is Arson Under Florida Law?

Under F.S. 806.01, a person commits arson when they willfully and unlawfully — or while committing another felony — damage a dwelling or structure by fire or explosion.

Two words carry enormous weight in that definition:

• Willfully — the fire must have been set intentionally. Negligence, carelessness, and accidents are not arson.
• Unlawfully — lawful burns (like a permitted controlled burn) don’t qualify.

Florida defines “structure” broadly: buildings of any kind, enclosed areas with roofs over them, real property, tents, portable buildings, and even vehicles, vessels, watercraft, and aircraft. Setting fire to a car can be charged as arson, not just criminal mischief.

First-Degree vs. Second-Degree Arson

First-Degree Arson (F.S. 806.01(1))

Arson is a first-degree felony — punishable by up to 30 years in state prison — when the fire or explosion damages:

1. Any dwelling, occupied or not, or its contents. A house doesn’t need anyone inside it, or even furniture in it, to trigger first-degree charges;
2. Any structure where people are normally present — jails, hospitals, nursing homes, department stores, office buildings, churches, schools, and similar buildings; or
3. Any structure the defendant knew or had reasonable grounds to believe was occupied by a human being.

Second-Degree Arson (F.S. 806.01(2))

Any other willful and unlawful burning of a structure — for example, an empty warehouse, a shed, or an unoccupied vehicle — is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

Related Charges

Arson cases rarely travel alone. Prosecutors in Broward County frequently add:

• Arson resulting in injury (F.S. 806.031) — if anyone, including a firefighter, is injured as a result of the fire, additional charges apply, rising to a second-degree felony where great bodily harm results.
• Burning to defraud an insurer (F.S. 817.233) — when the State believes the fire was set to collect insurance money.
• Criminal mischief, burglary, or homicide charges depending on the circumstances.

What the Prosecution Must Prove

To convict you of arson, the State must prove beyond a reasonable doubt that:

1. A fire or explosion damaged a dwelling or structure;
2. The fire was caused intentionally — not by accident, malfunction, or natural cause; and
3. You were the person who caused it (or caused it while committing a felony).

Here’s the problem for prosecutors: fires destroy their own evidence. Investigators work backward from a burn scene using origin-and-cause analysis — a field that has been repeatedly criticized as courts and fire-science bodies have discredited old assumptions about “pour patterns,” burn indicators, and accelerant evidence. Many convictions once considered airtight have unraveled under modern fire science. A rigorous defense puts the State’s fire investigation itself on trial.

Penalties for Arson in Florida

Arson also carries consequences that outlast any sentence: a violent-crime felony record, restitution that can reach hundreds of thousands of dollars, civil liability to insurers and property owners, immigration consequences for non-citizens, and the permanent loss of professional opportunities.

Defense Strategies for Arson Charges

The Fire Was Accidental

The single most important question in any arson case: was this even a crime? Electrical faults, appliance failures, smoking materials, candles, lightning, and spontaneous combustion cause far more fires than arsonists do. We work with independent fire experts to re-examine the origin-and-cause findings the State relies on.

Flawed or Outdated Fire Investigation

Fire investigation has changed dramatically. Conclusions based on burn patterns, “alligatoring,” or the mere presence of ignitable liquid residue are vulnerable to challenge under current standards (NFPA 921). If the investigator skipped steps, contaminated the scene, or worked backward from a hunch, the entire case can collapse.

You Weren’t the One Who Set It

Arson scenes rarely produce eyewitnesses. Cases are often built on circumstantial evidence — motive, opportunity, financial trouble, a recent argument. Circumstantial cases invite reasonable doubt, and we know how to create it.

No Willful Intent

If a fire spread from something you did lawfully or carelessly — a barbecue, a burn pile, a workshop mishap — that may support civil liability or a lesser charge, but it is not arson.

Unlawful Searches and Statements

Fire scenes raise real Fourth Amendment issues, and suspects are often interviewed for hours while still in shock from losing their property. Evidence obtained improperly can be suppressed.

Why Choose Bozanic Law?

• Board Certified in Criminal Trial Law — fewer than 1% of Florida attorneys hold this credential from The Florida Bar.
• Former Miami-Dade prosecutor — Zeljka Bozanic knows how the State charges and tries arson cases, because she spent years doing it.
• 20 years of trial experience in Broward, Miami-Dade, and Palm Beach county courtrooms.
• We prepare every case for trial — which is exactly why so many resolve favorably before one.
• Available 24/7 with offices in Fort Lauderdale, Miami, and West Palm Beach.

Frequently Asked Questions

Is arson always a felony in Florida?

Yes. Under F.S. 806.01, arson is either a first-degree felony (up to 30 years) or a second-degree felony (up to 15 years). There is no misdemeanor arson in Florida, which is why even a “small” fire case deserves serious defense.

Can I be charged with arson for burning my own property?

Yes. Burning your own home, business, or vehicle can still be arson — especially if the State believes it endangered others or was done to defraud an insurance company. Insurance-fraud allegations under F.S. 817.233 often accompany these cases.

What if nobody was hurt and the building was empty?

Injury is not an element of arson. An unoccupied dwelling still supports first-degree charges, and an empty structure supports second-degree charges. If someone was hurt — including a firefighter — you can face additional charges under F.S. 806.031.

The fire marshal says the fire was “incendiary.” Is that the end of it?

Absolutely not. An “incendiary” classification is an opinion, not a fact — and fire-cause opinions have a documented history of error. Independent experts, modern fire science, and cross-examination frequently expose the weaknesses in these conclusions.

Should I talk to the fire investigator or my insurance company?

Not before talking to a defense lawyer. Statements to fire investigators can be used in a criminal case, and statements in insurance examinations under oath are transcribed and shared. If there is any chance you are a suspect, get counsel involved first — ideally before charges are ever filed.

Facing Arson Charges in Broward County?

An arson conviction can take decades of your life. The State’s case is often built on opinion evidence that doesn’t survive scrutiny — but only if someone makes them prove it. Contact Bozanic Law for a free, confidential consultation with a Board Certified criminal trial lawyer, available 24/7 in Fort Lauderdale, Miami, and West Palm Beach.