Arson Charges in Orlando: What You Need to Know
Arson is a serious crime in Florida, and if you or a loved one is facing arson charges, it’s crucial to understand what you’re up against. This page from Central Justice will explain what arson is, the different types of arson charges, the penalties you could face, and how a conviction might affect your immigration status if you are an immigrant.
What is Arson?
Arson is the act of intentionally setting fire to a building, structure, or property. This crime is considered especially dangerous because it can cause severe damage to property and put lives at risk. In Florida, arson is a felony, meaning it is a very serious crime with severe consequences.
Categories of Arson
Arson is divided into different categories based on the level of danger and the type of property that was set on fire. Understanding these categories can help you know what charges you might face.
- First-Degree Arson: This is the most serious type of arson. It occurs when someone intentionally sets fire to a building or structure where people are likely to be present. For example, setting fire to a home, school, or business while people are inside or nearby is considered first-degree arson.
- Second-Degree Arson: This charge applies when someone intentionally sets fire to a building or property where people are not likely to be present. An example might be burning an empty warehouse or an abandoned building.
Penalties for Arson
The penalties for arson in Florida depend on the degree of the crime, but all are severe.
- First-Degree Arson: If convicted, you could face up to 30 years in prison and up to $10,000 in fines. The court may also require you to pay restitution, which means paying for the damage caused by the fire.
- Second-Degree Arson: A conviction could result in up to 15 years in prison, up to $10,000 in fines, and possible restitution.
How Arson Charges Affect Immigrants
If you are an immigrant in the United States, an arson charge or conviction can have severe consequences beyond criminal penalties. Arson is considered a “crime of moral turpitude,” which means it involves behavior that is considered immoral or unethical. Because of this, a conviction can lead to deportation, denial of citizenship, or other immigration-related issues.
For example:
- Deportation: If you are convicted of arson, you could be deported from the United States. This applies even if you have a green card or other legal status.
- Citizenship: If you are applying for U.S. citizenship, an arson conviction could prevent you from becoming a citizen. The U.S. Citizenship and Immigration Services (USCIS) considers moral character when deciding whether to grant citizenship, and a crime like arson could lead to a denial.
- Visa Issues: If you are in the U.S. on a visa, an arson conviction could result in your visa being revoked, possibly forcing you to leave the country.
Defense Strategies for Arson Charges
If you are facing arson charges, it’s essential to have a strong defense. Here are some possible defense strategies that your attorney might use:
- Lack of Intent: Arson is an intentional crime, which means the prosecution must prove that you intended to set the fire. If your attorney can show that the fire was accidental, you may be able to avoid a conviction.
- Alibi: If you were not at the scene of the fire when it was started, you might have an alibi. Your attorney could present evidence showing you were elsewhere during the crime.
- Insufficient Evidence: In some cases, the prosecution might not have enough evidence to prove that you committed arson. Your attorney could argue that the evidence is insufficient to convict you.
- Mistaken Identity: If there is a possibility that someone else set the fire, your attorney might argue that you have been wrongly accused.
How Our Law Firm Can Help
Facing arson charges can be overwhelming, especially if you are also worried about how it might affect your immigration status. Our law firm has experience working with immigrants in Orlando, and we understand the unique challenges you might face.
We will work tirelessly to build a strong defense on your behalf, whether challenging the evidence, negotiating a plea deal, or taking your case to trial. We aim to protect your rights, freedom, and future. If you or a loved one is facing arson charges, don’t wait to get the help you need. Contact us today to schedule a consultation and learn more about how we can assist you.