Arson is one of the most aggressively investigated property crimes, and one of the most defensible when the science is wrong. The whole case usually rests on a fire investigator’s opinion that the fire was set on purpose, and that opinion can be tested.
First-Degree and Second-Degree Arson
Section 806.01 grades arson by what burned and whether people were at risk.
| Degree | What burned | Maximum |
|---|---|---|
| Arson, first degree (first-degree felony) | A dwelling occupied or not, a structure where people are normally present such as a store, church, school, hospital, or jail, or a structure known or reasonably believed to be occupied | 30 years |
| Arson, second degree (second-degree felony) | Any other structure, under circumstances not covered above | 15 years |
Structure is defined broadly and includes a vehicle, vessel, watercraft, or aircraft. Burning your own insured property to defraud an insurer is a separate third-degree felony under section 817.233. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
Burning Your Own Property to Defraud an Insurer
Burning insured property to collect on the policy is charged under section 817.233 as burning to defraud the insurer. It applies whether the property is your own or another’s, as long as it was insured and the burning was done with intent to injure or defraud the insurer, and it is a third-degree felony. This charge often rides alongside an arson investigation when a fire follows a recent or increased policy, and the State has to prove the fraudulent intent, not just the fire.
Arson That Causes Injury
Section 806.031 adds a separate offense when an arson hurts someone. Any bodily harm to a firefighter or another person is a first-degree misdemeanor, and great bodily harm, permanent disability, or permanent disfigurement is a second-degree felony, regardless of intent to cause the harm. A death can expose a defendant to far more serious charges, which is why these cases demand careful handling from the first day.
How I Defend an Arson Charge
The center of an arson defense is cause and origin. Many fires treated as arson turn out to be accidental, electrical, or of undetermined origin, and a qualified fire investigator can challenge the State’s conclusion that the fire was incendiary. From there I test the willful-and-unlawful intent the statute requires, the insurance-motive theory where burning to defraud is alleged, the identity evidence, and the lawfulness of the search that produced the proof.
Common Questions
What is the difference between first and second degree arson?
What burned and who was at risk. First-degree arson is the willful burning of a dwelling whether or not anyone is home, a structure where people are normally present such as a store, church, school, hospital, or jail, or any structure the person knew or reasonably believed was occupied. It is a first-degree felony with up to 30 years. Second-degree arson is the burning of any other structure and is a second-degree felony with up to 15 years.
Can I be charged with arson for burning my own property?
Yes, in two ways. Burning a dwelling or a structure where people are normally present is arson under section 806.01 even if you own it. And burning your own insured property with intent to defraud the insurer is a separate offense under section 817.233, a third-degree felony. These charges often appear together when a fire follows a recent or large insurance policy.
Does the State have to prove I set the fire on purpose?
Yes. Arson requires a willful and unlawful burning by fire or explosion. An accidental fire, an electrical fault, or a fire of unknown origin is not arson. That is why the cause and origin finding by the fire investigator is the center of most arson cases, and why an independent review of that work matters so much.
What happens if someone was hurt in the fire?
Section 806.031 adds a separate charge. An arson that causes any bodily harm to a firefighter or another person is a first-degree misdemeanor, and one that causes great bodily harm, permanent disability, or disfigurement is a second-degree felony, regardless of whether harm was intended. If a death results, the State may pursue far more serious charges, so these cases have to be taken seriously from the start.
How are arson cases defended?
By attacking cause and origin, intent, and identity. Many fires labeled arson are accidental or have an innocent electrical or mechanical cause, and a qualified fire investigator can challenge the State's theory. The defense also tests whether the burning was willful, whether the insurance-motive theory holds up, and whether the evidence ties the fire to the accused at all.
Related: Property crimes overview, Criminal mischief, Burglary, and Search and seizure.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 806, and 817, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
