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What Is Arson in Florida? Penalties, Defenses, and What You Need to Know

Brancato Law Firm, P.A. — Mon, 23 Feb 2026 04:19:44 GMT

Key Takeaway: Arson in Florida is always a felony. First-degree arson — which includes setting fire to any dwelling, whether occupied or not — carries up to 30 years in prison. Second-degree arson carries up to 15 years. Because both charges require proof of willful intent, a strong defense can challenge the State’s case at its foundation.

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.

Charge	Classification	Maximum Penalty	Offense Level
Arson — Dwelling or Occupied Structure	1st-degree felony	30 years prison, $10,000 fine	Level 7
Arson — Other Structure	2nd-degree felony	15 years prison, $10,000 fine	Level 6
Arson + Death (Felony Murder)	1st-degree felony (murder)	Life in prison	Level 10+
Attempted Arson	One degree below completed offense	Varies	Varies

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:

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.
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.
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.
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.

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.

Is Fleeing and Eluding a Felony in Florida?

Brancato Law Firm, P.A. — Mon, 23 Feb 2026 04:19:41 GMT

Fully rewritten and updated September 2, 2026.

Yes — every form of fleeing and eluding is a felony in Florida. Even the most basic version of the charge, failing to stop for an officer you know has ordered you to stop, is a third-degree felony punishable by up to five years in prison, and Florida law forbids the judge from withholding adjudication, so a conviction always makes you a convicted felon. Aggravated versions carry up to thirty years and a three-year mandatory minimum prison sentence, and a 2025 law change now multiplies the sentencing score by one and a half for anyone with a prior fleeing conviction.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Before founding the firm I served as Chief Operating Officer of the Hillsborough County Public Defender’s Office and taught at the police academy, where officer pursuit and stop procedures were part of the curriculum — and today our attorneys use that insider knowledge of how pursuits are supposed to be conducted to defend fleeing and eluding charges across Tampa Bay.

What Does Florida’s Fleeing and Eluding Law Actually Prohibit?

Florida’s fleeing and eluding statute, section 316.1935, Florida Statutes, makes it a crime for a driver who knows a law enforcement officer has ordered them to stop to willfully refuse or fail to stop — or, after stopping, to willfully flee in an attempt to elude the officer. Those two words, “knowledge” and “willfully,” carry almost the entire weight of the statute, and they are where our attorneys focus first in every case.

The statute builds upward from that basic offense. Subsection (1) covers any refusal to stop for a known order — a third-degree felony. Subsection (2) covers fleeing from an officer in an authorized patrol vehicle with agency markings prominently displayed and both siren and lights activated — also a third-degree felony, but the version prosecutors usually charge because it is easier to prove the driver knew. Subsection (3) escalates the charge when the driver flees at high speed or with wanton disregard for safety, and subsection (4) — “aggravated fleeing or eluding” — applies when the fleeing happens while leaving the scene of a crash.

What surprises most people is what the statute does not require. It does not require a high-speed chase. It does not require anyone to be hurt. Driving away from a traffic stop at normal speed, or failing to pull over promptly enough while an officer follows with lights on, can be charged as a felony if the State can prove you knew about the order to stop and willfully disregarded it.

What Are the Penalties for Fleeing and Eluding in Florida?

Every tier of fleeing and eluding is a felony, and the penalties climb steeply with speed and harm. Here is the full structure under section 316.1935:

Offense	Statute	Degree	Maximum Sentence
Fleeing after a known order to stop	§ 316.1935(1)	Third-degree felony	5 years prison, $5,000 fine
Fleeing a marked patrol car with lights and siren activated	§ 316.1935(2)	Third-degree felony	5 years prison, $5,000 fine
Fleeing (lights and siren) at high speed or with wanton disregard	§ 316.1935(3)(a)	Second-degree felony	15 years prison, $10,000 fine
Same, causing serious bodily injury or death	§ 316.1935(3)(b)	First-degree felony	30 years prison — 3-year mandatory minimum
Aggravated fleeing (leaving a crash scene), causing injury or property damage	§ 316.1935(4)(a)	Second-degree felony	15 years prison, $10,000 fine
Aggravated fleeing causing serious bodily injury or death	§ 316.1935(4)(b)	First-degree felony	30 years prison — 3-year mandatory minimum

Two collateral consequences apply to every tier. First, the court must revoke your driver license for at least one year and up to five years. Second — and this is the provision that changes everything about how these cases must be defended — section 316.1935(6) says no court may suspend, defer, or withhold adjudication for any violation of the section.

Why Does the No-Withhold Rule Matter So Much?

Because it takes the most common soft landing in Florida criminal court off the table entirely. In many felony cases, a first-time offender can resolve the charge with a withhold of adjudication — they complete probation, they are never “convicted,” and they can honestly say they are not a convicted felon. Section 316.1935(6) forbids that outcome for fleeing and eluding. If you plead to the charge or a jury convicts you, you are adjudicated guilty, period.

That means a plea to the charge as filed — even with no jail time — permanently makes you a convicted felon, with everything that follows: loss of civil rights including firearm rights, a felony record visible to every employer and landlord, and sentencing enhancement exposure on any future case. It also means the entire strategic goal of the defense shifts. In our experience, the fight in a fleeing and eluding case is rarely about probation versus prison on the charge as filed; it is about attacking the elements, the stop, and the evidence hard enough that the State reduces the charge to something that does not carry a mandatory adjudication — or dismisses it.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

What Counts as “High Speed” or “Wanton Disregard”?

The statute never defines “high speed” in miles per hour, and “wanton disregard” is a jury question — which makes these the most litigated words in the statute. Florida’s appellate courts define “willful” as conduct that is intentional, knowing, and purposeful, and “wanton” as conduct done with a conscious and intentional indifference to consequences, with knowledge that damage to persons or property is likely. Both definitions were restated in Andriotis v. State, No. 5D23-2160 (Fla. 5th DCA Jan. 3, 2025), a vehicular homicide appeal in which a driver immersed in his phone at highway speed never braked before a fatal rear-end collision — the court affirmed, holding that degree of conscious indifference met the willful-and-wanton standard. (Read the opinion.)

A recent fleeing decision shows how far prosecutors can reach to prove the speed element. In Johnson v. State, No. 1D2024-0912 (Fla. 1st DCA Nov. 5, 2025), a driver fled a stop in Bay County and a trooper’s radar clocked him at 127 miles per hour after the chase crossed into neighboring Jackson County. He argued the out-of-county speed reading was irrelevant to a crime charged in Bay County. The First District disagreed and affirmed: under section 910.05, Florida Statutes, when the acts making up one offense span two or more counties, the case can be tried in any of them, and there is no requirement that every element occur in the charging county. (Read the opinion.) The practical lesson for Tampa Bay drivers: a pursuit that runs from Hillsborough into Pasco or Pinellas County does not split the case — it gives the State a choice of courthouse and lets it use evidence from the entire route.

Did Florida Just Raise the Stakes for Repeat Fleeing Charges?

Yes. In 2025, the Legislature added a fleeing-specific multiplier to the felony sentencing scoresheet. Under section 921.0024, Florida Statutes, if the primary offense being scored is fleeing or attempting to elude — or aggravated fleeing or eluding — and the defendant’s prior record contains one or more violations of section 316.1935, the subtotal sentence points are multiplied by 1.5.

To understand what that means, you need to know how Florida felony sentencing works. Every felony case gets a Criminal Punishment Code scoresheet: points for the current charge, points for injuries, points for prior record. The total produces a “lowest permissible sentence” — the floor, not the ceiling. A 1.5 multiplier on the subtotal can convert a case that scored out to probation into a case with a mandatory prison floor. A second fleeing charge is therefore not just “another felony” — it is arithmetically a different kind of case, and anyone facing one should understand their scoresheet before evaluating any plea offer. Our attorneys prepare the scoresheet independently in every felony case rather than relying on the State’s math; scoresheet errors are among the most common — and most fixable — sentencing mistakes in the 13th Judicial Circuit.

What Must the State Prove — and Where Do These Cases Fall Apart?

To convict under the commonly charged subsection (2), the State must prove every one of these beyond a reasonable doubt:

You were operating a vehicle. Identity is a real issue when the driver is not apprehended immediately — many pursuits end with an abandoned car and an arrest made later on video review or tag registration.
A duly authorized officer ordered you to stop.
The patrol vehicle was authorized and marked, with agency jurisdictional insignia prominently displayed.
Siren and lights were both activated. Lights alone are not enough for a subsection (2) charge; an unmarked car is not enough. Officers’ own dash-camera video frequently answers this question one way or the other.
You knew you had been ordered to stop and willfully refused. Willfulness is where real life pushes back: loud music, tinted windows, night driving, a genuine fear of a police impersonator, or a driver slowing down and looking for a safe, lit place to pull over all cut against the claim that the failure to stop was a knowing, purposeful act of defiance.

Every one of those elements is also a checkpoint for the defense. And there is a second front: the stop itself. If the initial attempted stop was unlawful, the suppression fight can strip the State’s case of everything that followed — our analysis of how long police can lawfully detain a driver in our article on how long a traffic stop can last in Florida explains the “mission” rules officers must follow. The lawfulness of police conduct is both a pretrial suppression issue and a matter the jury hears about at trial, so losing a motion does not end the fight.

Common defense theory	What it attacks
No knowledge of the order to stop	The knowledge element — unmarked car, no siren, distance, visibility
Driving to a safe, lit location before stopping	Willfulness — compliance delayed is not defiance
Identity — driver not apprehended in the vehicle	Whether the State can prove who was behind the wheel
Lights or siren not activated, or car unmarked	The specific requirements of § 316.1935(2) and (3)
Unlawful initial stop	Suppression of the pursuit evidence and statements
Speed and manner of driving	Whether “high speed” or “wanton disregard” is actually provable

How Do Our Attorneys Defend Fleeing and Eluding Charges?

We start with the video, because almost every pursuit in Hillsborough County generates dash-camera and body-camera footage, and the footage frequently contradicts the arrest report on the two facts that matter most — whether lights and siren were running, and how the defendant was actually driving. We obtain the CAD (computer-aided dispatch) records to reconstruct the timeline minute by minute, the same way we build timelines in reckless driving cases, because “high speed” and “wanton disregard” are conclusions, and conclusions need measurable facts behind them.

Because adjudication cannot be withheld on any section 316.1935 charge, the negotiating strategy is different from most felonies: the realistic targets are a reduction to an offense that permits a withhold — reckless driving is the most common landing spot — or a dismissal built on an element failure or suppression win. That is also why fleeing charges that accompany a leaving the scene of an accident charge are so dangerous: the combination converts the fleeing count into “aggravated fleeing” under subsection (4), a second-degree felony even when nobody is hurt, with a first-degree felony and a three-year mandatory minimum waiting if anyone is seriously injured.

What Should You Do Right After a Fleeing and Eluding Arrest?

Move quickly, because the most valuable evidence in these cases has a short shelf life. Dash-camera and body-camera video is subject to retention schedules; nearby business surveillance that might show your driving — or show someone else driving — can be overwritten in days. An attorney can send preservation demands immediately, before anything disappears.

Say nothing about the incident to anyone but your lawyer. The knowledge and willfulness elements are exactly the kind of thing an offhand statement (“I saw the lights but I panicked”) can prove for the State when its own evidence could not. If your license has been revoked as part of a conviction in the past, or if you have any prior section 316.1935 history, tell your attorney at the first meeting — the 1.5 multiplier makes prior-record accuracy a front-line issue. And if the pursuit crossed county lines, do not assume the case will stay where it started; as Johnson shows, the State chooses the venue.

Frequently Asked Questions About Fleeing and Eluding in Florida

Is fleeing and eluding always a felony in Florida?

Yes. There is no misdemeanor version of fleeing and eluding — the lowest tier under section 316.1935 is a third-degree felony carrying up to five years in prison. That is true even for a low-speed failure to stop with no crash and no injuries. Our attorneys at The Brancato Law Firm treat every fleeing charge as the felony fight it is, because the statute gives no other option.

Can the judge withhold adjudication on a fleeing charge?

No. Section 316.1935(6) expressly forbids any court from suspending, deferring, or withholding adjudication for any violation of the section. A plea to the charge as filed always produces a felony conviction, which is why the defense goal is usually a reduced charge or dismissal rather than a favorable sentence on the original charge.

What if I didn’t realize the officer was trying to stop me?

Then the State cannot prove its case — knowledge of the order to stop is an element the prosecution must establish beyond a reasonable doubt. Distance, darkness, traffic noise, tinted windows, and the absence of a siren all bear on what you actually knew. We frequently pair this defense with the video evidence, which shows exactly what was visible and audible from the driver’s position.

What if I was just looking for a safe place to pull over?

Slowing down, activating your hazard lights, and proceeding to a lit or populated area is conduct a jury can see as compliance, not willful fleeing — the statute punishes a willful refusal to stop, not cautious driving. Document everything you remember about why you chose the spot you did. The attorneys at The Brancato Law Firm, P.A. have used exactly this pattern to attack the willfulness element.

Does it matter that the chase crossed into another county?

Not in the way most people hope. Under section 910.05 and the First District’s 2025 decision in Johnson, a multi-county pursuit can be prosecuted in any county where any part of it happened, and evidence from the whole route — including a radar reading taken two counties away — is admissible. A Hillsborough pursuit that ends in Pasco County is still one case.

Will I lose my driver license?

Yes, if convicted — revocation is mandatory for every tier of the offense, for at least one year and up to five years. The judge has discretion within that range, which is one more reason the details of the driving pattern matter even in a case that cannot be won outright.

If you or someone you love is facing a fleeing and eluding charge anywhere in Tampa Bay, the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — are ready to move immediately. Call (813) 727-7159 today: pursuit video and dispatch records are governed by short retention schedules, and the window to preserve the evidence that wins these cases is measured in days, not months.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.