Arson Charges in Fort Myers: How Do I Prove It Was an Accident?

Arson can lead to serious charges in Florida, even if no one was hurt and the structure contained no people. As a result, you should carefully consider your defense strategy if you face arson charges in Fort Myers. For many defendants, effective strategizing begins when they consult with experienced defense attorneys.

You Could Still Face Consequences if the Fire Was Accidental

First, it’s worth noting that your lack of intent may not be an effective defense strategy. Under Florida law, you can face arson charges if you set the fire intentionally or if you started the fire while you were committing a felony.

For example, you might have been smoking a cigarette while committing a burglary. If you flicked your cigarette and started a fire accidentally, you would still face arson charges in this scenario. Regardless of your lack of intent, any fire started while you were carrying out a felony constitutes arson.

If prosecutors establish that you set the fire recklessly or negligently, you could also face charges even if the incident was accidental. While you might avoid charges of arson, you could still face charges related to property destruction, reckless disregard, disorderly conduct, and similar offenses. Although these charges might not be as serious as arson (which is always a felony), they can still lead to serious consequences.

Evidence That Can Prove the Fire Was Accidental

You do not necessarily need to prove that the fire was accidental. As long as the prosecutors fail to prove that the fire was intentional, you should be able to walk free. Remember, the state shoulders the burden of proof. You are innocent until proven guilty.

That said, most prosecutors won’t bring a case to trial unless they’re relatively confident of victory. They may have evidence that suggests you intentionally set the fire, and you’ll need to push back. Your lawyer can cross-examine the state’s witnesses and cast doubt upon their evidence.

You might also collect your own evidence from the scene of the fire, perhaps with help from a private fire investigator. You can also testify in your own defense and explain what happened. For example, you might admit that you tossed a cigarette in the direction of a gas can without realizing it.

The best strategy is not always to establish a lack of intent. Consider speaking with an attorney to determine the most appropriate option based on your unique situation.

Can a Fort Myers Criminal Defense Attorney Help Me? 

A Fort Myers criminal defense attorney may be able to help you establish that the fire was a complete accident. Although arson can lead to serious penalties, you shouldn’t have to face criminal charges if the fire was truly unintentional. Consider speaking with The Foley & Wilson Law Firm today to discuss your defense strategy in more detail. We have considerable experience with violent crimes like arson.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.01.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html