I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending felony cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have handled arson cases at every level — from fires in vacant structures to first-degree arson involving occupied dwellings.

How Does Florida Law Define Arson?

Under Florida law (§806.01), arson means willfully and unlawfully damaging property by fire or explosion. However, the severity of the charge depends entirely on what type of property you damaged — and whether anyone was inside or normally present at that location.

Florida Statute §806.01: The State must prove you willfully and unlawfully caused damage by fire or explosion. If the fire was accidental — or if you had a lawful reason for the burn — the arson charge fails. This is where The Brancato Law Firm, P.A. builds the defense.

Florida also defines “structure” very broadly under §806.01(3). It includes any building of any kind, any enclosed area with a roof, real property and its appurtenances, tents, portable buildings, vehicles, boats, and aircraft. Because the definition is so expansive, prosecutors can charge arson in situations many people would not expect — including setting fire to your own car, your own shed, or even a tent.

What Is the Difference Between First-Degree and Second-Degree Arson?

The difference comes down to the type of property that was damaged and whether people were present or expected to be present.

First-Degree Arson (§806.01(1))

Arson becomes a first-degree felony when the fire or explosion damages any of the following:

• Any dwelling — whether someone was home or not — or its contents
• Any structure where people are normally present during business hours — including jails, prisons, hospitals, nursing homes, churches, schools, department stores, and office buildings
• Any other structure the defendant knew or had reasonable grounds to believe was occupied by a human being at the time

Warning: First-degree arson is a first-degree felony carrying up to 30 years in prison and a $10,000 fine. If someone dies as a result of the fire, prosecutors in the 13th Judicial Circuit can also charge felony murder — which carries a mandatory life sentence. Even if the dwelling was completely empty when the fire started, the charge is still first-degree because §806.01(1)(a) covers occupied and unoccupied dwellings.

Second-Degree Arson (§806.01(2))

If the fire or explosion damages a structure that does not fall into the first-degree categories — for instance, an abandoned warehouse, a vacant commercial building, or your own property — the charge drops to second-degree arson. This is a second-degree felony carrying up to 15 years in prison and a $10,000 fine. Although the penalties are lower, a conviction still means a permanent felony record that you cannot seal or expunge.

What Are the Penalties for Arson in Florida?

The penalties for arson depend on the degree of the charge, your prior criminal history, and whether anyone was injured or killed.

At The Brancato Law Firm, P.A., we evaluate every arson case for sentencing departure opportunities. Even when a conviction is likely, the difference between a guidelines sentence and a departure sentence can mean years of your life.

Can You Be Charged With Arson for Burning Your Own Property?

Yes. Under §806.01(2), setting fire to your own structure is still arson — a second-degree felony — if you do so willfully and unlawfully. Prosecutors frequently file these charges when they suspect insurance fraud or when the fire spreads and endangers neighboring properties or people.

However, the State must still prove the “willful and unlawful” element. If the fire was accidental, if you had a legitimate reason for the controlled burn, or if the State cannot prove you started it, the charge should not stand. We challenge these cases aggressively at The Brancato Law Firm, P.A..

When Do Prosecutors Add Arson Charges in Florida?

Arson charges rarely exist in isolation. Prosecutors in the 13th Judicial Circuit often stack arson alongside other serious charges to increase leverage during plea negotiations. In fact, the most common charge pairings include:

• Arson + Insurance Fraud. If the State believes you burned property to collect an insurance payout, both charges carry separate penalties.
• Arson + Felony Murder. If anyone dies — even a firefighter or bystander — the State can charge felony murder, which carries a mandatory life sentence.
• Arson + Domestic Violence. Fires set during domestic disputes often result in arson charges stacked with battery, stalking, or criminal mischief.
• Arson + Criminal Mischief. When property damage involves both fire and other destruction, the State may file both charges to cover every theory.

Because stacking charges dramatically increases potential prison time, early intervention by a defense attorney is critical. At The Brancato Law Firm, P.A., we evaluate every charge in the stack and challenge each one independently.

How We Fight Arson Charges in Tampa

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys across every felony division — I have seen how the State builds arson cases and where those cases fall apart. Here is how we defend arson charges at The Brancato Law Firm, P.A.:

• Challenge the cause and origin. Arson cases depend heavily on fire investigation reports. We retain independent fire investigation experts to review the State’s findings and, when necessary, present an alternative explanation for the fire.
• Attack the “willful” element. If the fire was accidental — an electrical fault, a cooking fire, a gas leak — there is no arson. We investigate every possible non-criminal cause.
• Suppress illegally obtained evidence. If law enforcement obtained confessions, surveillance footage, or physical evidence through constitutional violations, we file motions to suppress before trial.
• Challenge the identification. The State must prove you started the fire. If the evidence is circumstantial and alternative suspects exist, we exploit those weaknesses.
• Negotiate reduced charges or departures. When the facts support it, we push for second-degree arson instead of first-degree, or we pursue sentencing departures that keep you out of prison.

Can Arson Charges Be Dropped or Reduced in Florida?

Yes — and it happens more often than most people realize. Here are the most common paths to getting arson charges dropped or reduced:

• Accidental fire. If the fire was not intentional, the “willful” element fails entirely. We retain fire investigation experts to establish alternative causes and present them to the prosecutor.
• Insufficient evidence of identity. The State must prove beyond a reasonable doubt that you set the fire. If the evidence is purely circumstantial and other explanations exist, the charge should not survive a motion for judgment of acquittal.
• Constitutional violations. If investigators obtained evidence through an illegal search, a warrantless entry into your property, or a Miranda violation, we move to suppress that evidence — and without it, the case may collapse.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before the State formally files charges, we can present evidence and argument to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. In some cases, this prevents the charge from ever being filed.

The earlier you contact a defense attorney, the more options you have. Evidence in arson cases — fire scene evidence, surveillance footage, witness memories — degrades quickly.

What Should You Do After an Arson Arrest in Tampa?

If you or someone you love has been arrested for arson and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not speak to fire investigators or law enforcement. Arson investigators will want a detailed statement. Do not provide one without an attorney present — anything you say becomes evidence.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours of arrest. Having counsel at that hearing can affect your bond amount and conditions of release.
3. Preserve evidence. Photographs, surveillance footage from neighboring properties, insurance documents, maintenance records, and electrical inspection reports can all support your defense — but they disappear quickly.
4. Do not discuss the case. Jail calls at Orient Road and Falkenburg are recorded and admissible at trial. Do not discuss the fire with anyone except your attorney.

Frequently Asked Questions About Arson in Florida

Is arson always a felony in Florida?

Yes. Under §806.01, every arson charge is a felony — either first degree (up to 30 years) or second degree (up to 15 years). There is no misdemeanor arson in Florida. The Brancato Law Firm, P.A. defends clients facing both degrees of arson charges in Hillsborough, Pinellas, and Pasco Counties.

What happens if someone dies in an arson fire?

If anyone dies as a result of a fire you set — including a firefighter, a neighbor, or even someone you did not know was inside — the State can charge felony murder in addition to arson. Because felony murder carries a mandatory life sentence in Florida, the stakes escalate dramatically. Tampa criminal defense attorney Rocky Brancato has defended homicide cases in the 13th Judicial Circuit and understands how to fight when arson and death intersect.

Can you be convicted of arson if the fire was accidental?

No. Arson under §806.01 requires proof that the fire was set “willfully and unlawfully.” If the fire started from an electrical fault, a cooking accident, a lightning strike, or any other non-criminal cause, the State cannot prove the willful element. However, investigators and prosecutors do not always agree that a fire was accidental — which is why retaining an independent fire expert is critical.

More Questions About Arson Defense

What does a fire investigator look for in an arson case?

Fire investigators look for signs of accelerants (such as gasoline or lighter fluid), unusual burn patterns, multiple points of origin, and evidence that the fire was set intentionally. However, fire investigation is not an exact science, and independent experts often reach different conclusions than State investigators. At The Brancato Law Firm, P.A., we retain independent fire experts to challenge the State’s findings.

Can attempted arson be charged in Florida?

Yes. Under §777.04, attempting to commit arson is a crime even if the fire never caused damage. Attempted first-degree arson is a second-degree felony, and attempted second-degree arson is a third-degree felony. The State must still prove you took a substantial step toward committing the arson and had the intent to do so.

Hiring an Arson Defense Attorney

How does The Brancato Law Firm handle arson cases differently?

We retain independent fire investigation experts when the State’s evidence is questionable — because the cause-and-origin determination is often the make-or-break issue in an arson case. Rocky Brancato’s experience as the former Chief Operations Officer of the Hillsborough County Public Defender’s Office means he knows how prosecutors build arson cases and where their arguments fall apart. Combined with an AV Preeminent rating and over 150 jury trials to verdict, that experience translates into stronger defense strategies for every client.

How much does an arson defense lawyer cost in Tampa?

Fees vary depending on the degree of the charge, the complexity of the fire investigation evidence, and whether independent experts are needed. The Brancato Law Firm, P.A. offers free, confidential consultations so you can understand your options before making any commitment. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing arson charges in Tampa, the consequences are severe — up to 30 years for first-degree arson, and a potential life sentence if someone was killed. We have spent more than 25 years fighting serious felony charges in Hillsborough County, and we know how to challenge fire investigation evidence, contest the State’s theory of intent, and negotiate charges down when prosecutors overreach.

Every day you wait is a day the prosecution strengthens its case against you. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including pre-file advocacy that may prevent formal charges entirely.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Burglary in Florida? — burglary and arson charges sometimes overlap when property damage is involved.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and more than 150 jury trials to verdict, I bring the experience that fleeing and eluding charges demand.

How Does Florida Define Fleeing and Eluding?

Florida Statute §316.1935 creates three tiers of fleeing and eluding offenses, each with escalating penalties. The base offense under subsection (1) makes it unlawful for the operator of any vehicle to willfully refuse or fail to stop when ordered to do so by a law enforcement officer — or, having stopped, to willfully flee in an attempt to elude the officer. The statute requires two key elements: knowledge that the officer ordered a stop, and a willful refusal to comply.

The second tier under subsection (2) applies when the officer is in a marked patrol vehicle with agency markings prominently displayed and with siren and lights activated. Because this tier requires a marked vehicle with active emergency signals, the State must prove the defendant knew or should have known a law enforcement officer was directing them to stop. The third tier under subsection (3) adds the element of high speed or wanton disregard for safety during the flight, or serious bodily injury or death caused by the flight.

Florida Statute §316.1935: Fleeing and eluding is always a felony. The base offense is a third-degree felony (up to 5 years). Fleeing at high speed or with wanton disregard for safety is a second-degree felony (up to 15 years). If the flight causes serious bodily injury or death, the charge becomes a first-degree felony with a mandatory minimum of 3 years in prison — and the court cannot sentence below that floor. At The Brancato Law Firm, P.A., we defend fleeing and eluding charges throughout the 13th Judicial Circuit.

What Are the Penalties for Fleeing and Eluding?

The penalties depend on the circumstances of the flight and whether anyone suffered injuries:

Warning — Collateral Consequences: A fleeing and eluding conviction triggers a mandatory driver’s license revocation. Furthermore, because fleeing and eluding is classified as a “dangerous offense,” it can affect habitual offender status under §775.084. If the defendant has prior felony convictions, the State may seek habitual offender sentencing, which can dramatically increase prison time. In addition, a conviction under §316.1935 counts as a qualifying offense for felony DWLS enhancement under §322.34 — meaning any future DWLS charge becomes a felony. At The Brancato Law Firm, P.A., we analyze every collateral consequence and fight to prevent conviction.

What Must the State Prove?

Fleeing and eluding requires the State to prove specific elements depending on the tier charged. For the base offense, the State must prove the defendant had knowledge of the officer’s order to stop and willfully refused to comply. For aggravated fleeing, the State must additionally prove the defendant drove at high speed or with wanton disregard for safety. For the first-degree felony, the State must prove the flight caused serious bodily injury or death.

The knowledge and willfulness requirements are critical defense points. The defendant must have known that a law enforcement officer ordered a stop. If the defendant did not see or hear the officer’s signals — because of loud music, road noise, heavy traffic, or poor visibility — the knowledge element fails. Similarly, if the defendant initially failed to stop but then pulled over a short distance later, the State may struggle to prove willful refusal as opposed to a brief delay in compliance.

How Do We Defend Fleeing and Eluding Charges?

At The Brancato Law Firm, P.A., we build aggressive defenses for fleeing and eluding charges. Here are the most effective strategies:

• Lack of knowledge. The defendant must have known the officer ordered a stop. If the officer used an unmarked vehicle, failed to activate lights and siren, or gave signals that the defendant could not reasonably perceive, the knowledge element fails. We obtain dashcam footage, body camera video, and dispatch records to establish what signals the officer actually used.
• No willful refusal. A brief delay in stopping — because the defendant was looking for a safe location, was confused about where to pull over, or did not immediately recognize the officer — does not constitute willful flight. We present evidence showing that the defendant fully intended to comply.
• Challenge the “high speed” or “wanton disregard” element. For the aggravated second-degree felony charge, the State must prove the defendant drove at high speed or demonstrated wanton disregard for safety. If the defendant drove at a moderate speed, used turn signals, obeyed traffic signals, or stopped at intersections during the alleged flight, the conduct does not satisfy this standard.
• Challenge causation for the first-degree felony. If the State charges the first-degree felony based on injury or death, we challenge whether the defendant’s flight actually caused the harm — or whether the pursuing officer’s driving, a third party’s conduct, or road conditions contributed independently.

What Should You Do If Charged with Fleeing and Eluding?

Fleeing and eluding charges commonly arise during routine traffic stops that escalate, during DUI investigations when the driver panics, or during police responses to other alleged crimes. In Hillsborough County, these charges frequently originate from stops on Interstate 275, Dale Mabry Highway, and in the Ybor City entertainment district — areas with heavy law enforcement presence. Regardless of the circumstances, the legal exposure is always significant and the defense must begin immediately.

If you face fleeing and eluding charges, take these steps immediately:

1. Do not make any statements. Law enforcement will ask why you did not stop. Every explanation you offer becomes evidence of knowledge and willfulness. Invoke your right to remain silent and ask for a lawyer before answering any questions.
2. Request all video evidence. Dashcam footage, body camera recordings, and any surveillance video from the area can confirm or contradict the officer’s version of events. An attorney can issue discovery requests and preserve this critical evidence before it is automatically overwritten. In addition, helicopter or aviation unit footage — if a pursuit involved air support — may contain evidence that contradicts the ground officer’s account.
3. Contact a defense attorney before your first appearance. Fleeing and eluding is a felony, which means bond may be set high — especially if the charge involves aggravated fleeing or injury. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance before a Hillsborough County judge happens within 24 hours. Tampa criminal defense attorney Rocky Brancato can argue for reasonable bond conditions from the start.

Frequently Asked Questions About Fleeing and Eluding in Florida

Is fleeing and eluding always a felony in Florida?

Yes — every tier of §316.1935 is a felony. Even the base offense of simply failing to stop for an officer is a third-degree felony carrying up to 5 years in prison. There is no misdemeanor version of fleeing and eluding anywhere in Florida law. Because of this, anyone charged under this statute faces serious consequences from the very first arrest. The Brancato Law Firm, P.A. defends all tiers of fleeing and eluding charges.

What if I did not realize the officer was trying to stop me?

Lack of knowledge is one of the strongest defenses. The State must prove you knew the officer ordered you to stop and willfully refused. If you could not see or hear the officer’s signals — due to road noise, loud music, darkness, or other conditions — the knowledge element fails. Tampa criminal defense attorney Rocky Brancato investigates every detail of the stop to build this defense.

Aggravated Fleeing and Collateral Consequences

What makes fleeing and eluding “aggravated”?

Aggravated fleeing under §316.1935(3)(a) requires proof that the defendant drove at high speed or demonstrated wanton disregard for the safety of persons or property during the flight — while fleeing a marked patrol vehicle with lights and siren activated. This elevates the charge from a third-degree felony to a second-degree felony with up to 15 years in prison. Common examples of “wanton disregard” include running red lights, driving on sidewalks, driving the wrong way on a one-way street, or weaving through traffic at extreme speeds. However, if the defendant maintained a reasonable speed and obeyed traffic signals during the alleged flight, the aggravated element may not apply.

Can a fleeing and eluding conviction affect future charges?

Yes — significantly. A fleeing and eluding conviction counts as a qualifying offense for felony DWLS enhancement under §322.34(2)(c). As a result, if your license is later suspended and you drive, you face a felony rather than a misdemeanor. Furthermore, a prior fleeing conviction can be used to establish habitual offender status under §775.084, which dramatically increases sentencing exposure on future felony charges.

Hiring a Defense Attorney

Why do I need a lawyer for a fleeing and eluding charge?

Every fleeing and eluding charge is a felony — meaning conviction results in prison exposure, a permanent felony record, and mandatory license revocation. The defense requires careful analysis of dashcam footage, body camera recordings, dispatch records, and the officer’s conduct. Rocky Brancato has tried more than 150 jury cases and has the courtroom experience to challenge the State’s evidence effectively. Call The Brancato Law Firm, P.A. at (813) 727-7159 for a free consultation.

You Are Reading This for a Reason — Let Us Help

Fleeing and eluding is a felony at every level — and the consequences escalate rapidly from 5 years to 15 years to 30 years with a mandatory minimum. However, the State must prove you had knowledge of the officer’s order and willfully refused to comply. That knowledge element is the centerpiece of the defense, and we challenge it aggressively using dashcam video, body camera footage, dispatch records, and the specific facts of the stop itself.

Every hour counts. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more evidence we can preserve and the more defense options remain available.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend serious traffic offenses, visit our DUI Defense practice page. You may also find our guides on What Is Reckless Driving in Florida? and What Is Leaving the Scene of an Accident in Florida? helpful — these charges frequently accompany fleeing and eluding, and understanding each one is critical to a comprehensive defense.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.