Investigating Arson Cases: Gathering Evidence for Defense

Arson is a serious crime involving the malicious burning of a structure or property. Depending on the circumstances, Florida classifies arson as either a first- or second-degree felony. While the crime of arson can result in severe consequences upon conviction, those facing charges should remember that arson cases often rely heavily on circumstantial evidence. As such, a thorough investigation is crucial in building a comprehensive defense. If you are facing arson charges in Florida, here is what you need to know about the investigative process.

The Crime Scene Investigation

When law enforcement officers investigate the scene of a potential arson incident, they will employ a certified fire investigation expert who is trained to identify the signs of arson versus accidental fires. The process will include:

• Securing and documenting the scene
• Looking for signs of accelerants, ignition sources, and burn patterns using trained canines and lab analyses
• Gathering and inspecting physical evidence like debris, appliances, and utilities
• Interviewing witnesses, neighbors, and anyone with potential information about the fire and its origins
• Exploring potential motives like insurance fraud, retaliation, or vandalism

After investigators analyze the evidence their investigation yields, they will make a determination about whether the fire was set accidentally or intentionally.

Challenging the Evidence

A criminal defense attorney can employ their own arson investigation expert to counter the intensive investigations of law enforcement officials. Here are some of the ways our legal defense team can challenge the evidence against a defendant:

• Questioning the credibility and methods of the state’s arson investigators
• Identifying any contamination, mishandling, or destruction of evidence
• Presenting alternative theories for the fire’s cause (accidental, electrical, etc.)
• Using forensic testing to show false positives for accelerants
• Cross-examining the investigators to point out any inconsistencies or bias
• Providing alibi evidence accounting for the defendant’s whereabouts
• Presenting evidence showing a lack of motive

Additional Defenses to Overcome Arson Charges in Florida

In addition to challenging the investigation’s evidence, our legal team can employ the following potential defenses:

• There was no intent to start a fire or knowledge a fire would start – Sometimes, a fire may start unintentionally due to carelessness or recklessness, but without the specific intent required for an arson charge. Showing the defendant did not mean to start the fire and had no knowledge their actions could lead to a fire could negate the arson charges.
• Voluntary intoxication negated criminal intent – While intoxication does not excuse criminal behavior, in some instances, it can be argued that the defendant was so heavily intoxicated that they lacked the requisite criminal intent for arson.
• The defendant acted under duress, threat, or coercion – If the defendant can demonstrate they only started the fire because they were being threatened or coerced by others, they can use this information as an affirmative defense. The key is showing they had a reasonable fear of harm and did not act of their own free will.
• There is a case of mistaken identity – An attorney can create reasonable doubt by challenging whether the defendant was actually the arsonist responsible. They might use evidence such as issues with eyewitness identifications, conflicting alibis, lack of physical evidence tying them to the scene, or indications that someone else had a motive.
• There was no arson risk because the building was abandoned – In cases where the burned structure was abandoned and unoccupied at the time, the defense may argue there was no actual danger to lives or inhabited property to meet the standard for an arson charge.
• The fire never actually endangered life or property – Similar to the abandoned building defense, if the fire was small and quickly extinguished without actually endangering any people, buildings, or property, it may not rise to the level of arson under the law.

Contact an Experienced Florida Arson Defense Attorney

The legal team at AllStarr Legal has extensive experience defending clients against criminal charges in Orlando and the surrounding areas. Contact us today for a confidential consultation to learn more about how we can help you during this difficult time.