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Arson and Firebombs - Florida Statutes 806.01 and 806.111 | West Palm Beach Criminal Defense Lawyer

Arrested for Arson or Firebombs in Lake Worth, Florida? We can help! Under investigation by the fire chief or police in Boynton Beach, Florida for the crime of Arson? We Don't Judge! Have you been charged criminally with the offense of Arson in Riviera Beach? We Defend!

Each year unsupervised teens think it is great idea to light something on fire. Their minds start to wonder what else they can light on fire. One says, “Dude, it would be awesome to light that dumpster on fire.” The teens all agree and someone lights a match and throws it in the dumpster. The fire is entertaining but the teens’ hearts start to grow fearful as the flames get higher and higher. The black smoke can be seen from all around. The teens run away. Eventually the fire department arrives and puts out the fire. Valuable man hours and resources are spent on putting out this fire.

Sometimes the fires are not started for entertainment but to damage the property or kill people inside. Whatever the motivation, it is a crime. Possessing a firebomb that would be used to do the arson is a crime.

There are two types of arson: (1) first-degree arson and (2) second-degree arson. The primary difference between the two is whether the structure is occupied by a human being.

First-Degree Arson

First degree arson is the most serious charge of arson because it is the intentionally burning of a structure with people inside.

What the State Prosecutor has to Prove to Convict You of First-Degree Arson

The state prosecutor must prove beyond a reasonable doubt:

  1. You damaged a structure by fire or explosion;
  2. The damage was either:
    1. Done willfully and unlawfully; or
    2. Done in the commission of a felony;
  3. The fire burned a structure, dwelling, or institution normally occupied; and
  4. You had reason to believe the structure was occupied by human beings.

A structure can be a building of any kind, a boat, an airplane, a vehicle, a tent or portable building, real estate and things attached to the real estate, and an enclosed area with a roof.

Second-Degree Arson

This crime is the intentional burning of a structure that is unoccupied.

What the State Prosecutor has to Prove to Convict You of Second-Degree Arson

The state prosecutor must prove beyond a reasonable doubt:

  1. You caused damage to a structure, either owned by you or another, by explosion or fire;
  2. It was a structure that was damaged; and
  3. The damage was either:
    1. Willfully and unlawfully; or
    2. Committed during the commission of a felony.

Firebomb Arson

A firebomb is a container holding a flammable liquid or incendiary chemical mixture with an ignition source but is not available commercially for cooking, heating, or lighting.

What the State Prosecutor has to Prove to Convict You of Firebomb Arson

The state prosecutor must prove beyond a reasonable doubt:

  1. You either:
    1. Manufactured;
    2. Possessed;
    3. Gave to another person;
    4. Loaned to another person;
    5. Offered for sale to another person;
    6. Sold to another person;
    7. Transferred to another person;
    8. Transported to another person;
    9. Disposed of; or
    10. Offered to another person; and
  2. At the same time, you intended that the firebomb would be willfully and unlawfully used to damage any structure or property.


Florida’s 10-20-Life law applies to the crime of arson. This can produce very severe sentences on those convicted.

If the arson is first-degree, then the crime can be punished up to a maximum of 30 years in prison with a $10,000 fine. If the individual had a firearm or destructive device, there is a minimum mandatory sentence of 10 or 20 year depending on the circumstances. If the arson is second-degree, it is a second-degree felony punishable up to 15 years in prison.

Firebombing is a third-degree felony that is punishable up to 5 years in prison and a $5,000 fine. However, depending on the firebomb, it could be considered a destructive device and subject to Florida’s 10-20-Life rule.

If You are Looking for a Palm Beach County Firebombs Attorney, Please Contact The Law Office of Roger P. Foley, P.A.

Just like the saying, “You shouldn’t play with fire,” you shouldn’t play around with finding a quality lawyer. These are serious crimes that have minimum mandatory sentences. If you or a loved one has been arrested and charged with one of these crimes, contact us today to schedule an appointment.

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