Fort Myers Arson Lawyer

Arson Attorney in Fort Myers, FL

Facing criminal charges of arson can lead to serious penalties under Florida law. Someone who is accused of intentionally setting a fire may be charged with a felony offense and face fines and prison time if convicted. Someone facing an arson accusation should consult with a Fort Myers arson lawyer to explore their defense strategies. 

About The Caldarone Law Group, P.A.

Justin Caldarone established The Caldarone Law Group, P.A., to provide southern Florida residents with focused and aggressive legal representation. Before founding the firm, Mr. Caldarone served as an assistant state attorney in Miami-Dade County, where he gained valuable experience handling a wide range of cases, including those involving Violent Crime. He later went on to work as in-house counsel for a major insurance company, giving him insight into how insurers and investigators evaluate claims, including fire-related incidents and questions of legitimacy.

Now, Mr. Caldarone dedicates his practice to serving the people of Southwest Florida who have been accused of crimes. He serves clients throughout Fort Myers and Lee County. Many proceedings for criminal cases in Lee County are held at the Lee County Justice Center located at 2000 Main St, Fort Myers, FL 33901. The firm prides itself on giving clients individual attention while providing knowledgeable advocacy during challenging times.

Understanding Florida Arson Laws

In many states, arson simply means burning someone else’s property on purpose. Florida’s arson law is actually spelled out in Florida Statute 806.01. According to Florida law, a person commits arson if they willfully and unlawfully damage someone’s property by burning or explosion. Specifically, the law prohibits burning or exploding:

• A dwelling
• A place where people are likely to be present
• A place where the defendant knew or believed would be occupied

Florida Statutes further divide arson into multiple degrees. First-degree arson includes burning a dwelling or structure where people are likely to be. Second-degree arson involves damage to property by burning or explosion.

Other Florida laws may apply to situations where fires cause injury to others. Fire-related injury is addressed under Florida Statute 806.031. Additional criminal charges may be brought if a fire causes injury to another person. It’s important to note that these arson laws can be complicated. Often, the facts surrounding a fire can determine whether the State files arson charges and how a case might progress.

Potential Consequences of an Arson Conviction

In 2025, there were 362 home fire fatalities in the United States. When it came to injuries sustained during fires, 60.3% of injuries were suffered by men and 39.7% by women. 

Arson charges are considered felony offenses in Florida. If convicted of arson, a person can face prison time, years of probation, hundreds of thousands of dollars in fines, and a criminal record. Convictions for first-degree arson can be charged as a first-degree felony in Florida. Penalties may be even more severe if someone was injured or killed in the fire. Second-degree arson charges also carry the possibility of felony convictions and lengthy prison sentences.

A conviction for arson can impact almost every area of a person’s life, including their career options, ability to rent an apartment, and personal reputation.

How Arson Cases Are Investigated

Detectives can investigate arson cases by determining fire patterns, finding burn damage and areas of origin, or possible sources of ignition. Local police officers may consult insurance investigators or forensic fire professionals to look deeper into how the fire may have been started.

Analysts can look over physical evidence found at the scene, accelerants that could have been used, security camera footage, or witness testimonies from around the time of the fire. Digital devices and records can also be reviewed if law enforcement believes there was a connection to insurance fraud or revenge.

Figuring out the cause of a fire can be difficult and sometimes leads investigators down the wrong path. Fires can occur naturally from an electrical problem, broken machinery, or from someone accidentally starting a fire. For this reason, those accused of arson may want to hire an arson lawyer to review the investigation for faulty conclusions.

Hire an Arson Lawyer

A Fort Myers arson attorney can review the fire investigation report, analyze the evidence, and determine if there are any weaknesses in the prosecutor’s case. Your attorney can develop a strategy to protect your rights. This might include challenging the prosecution’s evidence, arguing that the fire was accidental, or making other arguments in court.

FAQs

What Should I Do If Charged With Arson?

If you are charged with arson, you should remain silent when questioned by law enforcement. Contact an attorney right away, and do not speak with law enforcement unless your attorney is present. Follow the instructions of your lawyer. Be sure to follow all instructions, such as showing up to all court dates. 

What Are Common Motives for Arson?

Individuals may be motivated to perform arson for a number of reasons. This includes excitement, vandalism, retaliation, to conceal another crime, terrorism, or profit. For instance, someone may set their own building on fire in order to collect insurance money from it. This is particularly true if a business is suffering financially. 

Can You Be Charged With Arson if the Fire Was Accidental?

Occasionally, someone can accidentally start a fire without facing any criminal charges. This is because arson charges usually require that the fire was started willfully or recklessly. The incident can typically still be investigated to figure out what happened. If it is believed that the fire was intentional, then charges could be pressed.

What Are the Types of Arson?

There are a few categories of arson offenses, which depend on the specific details surrounding how and why a fire was started. The different types of arson include: arson to an occupied building or dwelling, arson to an unoccupied structure or property, and arson that causes injury to another person.

Contact The Caldarone Law Group, P.A. Today

If you have been charged with arson, you should seek legal guidance immediately. The Caldarone Law Group, P.A. can help. Contact us today for a consultation.