Tampa Arson Attorney
Arson charges carry some of the harshest consequences in Florida criminal law, and the way these cases are built against defendants makes them genuinely difficult to fight without someone who understands the evidence from the ground up. A fire investigation is not like most other crime investigations. It involves burn patterns, accelerant testing, cause-and-origin analysis, and expert witnesses whose conclusions juries tend to trust without questioning. Attorney Omar Abdelghany of OA Law Firm has defended people accused of serious crimes in Tampa and throughout the Bay Area, and he approaches Tampa arson cases by doing what prosecutors often assume a defense won’t: scrutinizing the science behind the charge itself.
How Florida Defines Arson and Why the Degree of Charge Matters
Florida Statute 806.01 divides arson into two degrees. First-degree arson applies when a person willfully and unlawfully, or while in the commission of a felony, damages or causes to be damaged any dwelling or structure where people are normally present, any structure where a person is actually present at the time, or certain other protected properties. Second-degree arson covers structures not normally occupied by people, including unoccupied buildings, vehicles, or property of another person.
First-degree arson is a first-degree felony in Florida, punishable by up to 30 years in prison. Second-degree arson is a second-degree felony, carrying up to 15 years. But the practical sentencing range in any specific case depends on prior record, whether anyone was injured, the assessed value of the property, and whether insurance fraud is also charged alongside the arson count. When those factors stack, prosecutors pursue enhanced sentences aggressively.
Florida also recognizes a separate offense for burning to defraud an insurer under Section 806.10, which is a third-degree felony. Defendants who file a fire insurance claim after an arson investigation sometimes find themselves facing both statutes at once. The two charges are related but legally distinct, and the strategy for defending each one can differ substantially.
The Fire Science Problem: When “Expert” Testimony Is Wrong
The most distinctive challenge in arson defense is that the prosecution’s case almost always rests on expert testimony from fire investigators, and that testimony is not as reliable as it appears in court. Fire investigation methodology has been scrutinized heavily by the scientific community over the past two decades. Assumptions that once formed the backbone of arson prosecutions, including the idea that certain burn patterns, glass crazing, or low-burn indicators definitively prove the use of an accelerant, have been challenged and, in many cases, discredited by peer-reviewed research.
This matters enormously for Tampa defendants. A person can be charged with arson based on what a fire marshal interprets as suspicious patterns in a burned structure, even when those same patterns are consistent with an accidental fire under modern fire science standards. The National Fire Protection Association has updated its guidelines for fire investigation, and courts have increasingly recognized that older methodologies can produce unreliable conclusions.
Omar Abdelghany works with investigators and experts who understand fire behavior, accelerant detection testing, and the limits of burn pattern analysis. When the prosecution’s expert overstates what the evidence actually shows, that becomes the foundation of the defense. Cross-examining a fire investigator effectively requires preparation that goes well beyond legal procedure. It requires someone who has done the work of understanding the science well enough to expose its gaps in front of a jury.
Circumstances That Generate Arson Charges Locally
Tampa arson prosecutions do not follow a single pattern. Some arise from residential fires where neighbors or family members report suspicious circumstances. Others stem from commercial fires where the property owner becomes a suspect when an insurance claim follows. Car fires, brush fires that spread to structures, and fires at rental properties also generate investigations that can lead to charges.
Hillsborough County has active industrial corridors, waterfront warehouses, older residential neighborhoods like Ybor City with aging structures, and densely packed commercial strips where a single fire draws significant investigative attention. When property damage is substantial or a fire results in injury, the State Attorney’s Office pursues these cases with resources that match the severity. The Hillsborough County Sheriff’s Office and Tampa Fire Rescue both participate in arson investigations, and federal agencies can become involved when the fire crosses certain thresholds or touches federally regulated activity.
One scenario worth flagging: landlord-tenant disputes and divorce proceedings have historically been the backdrop for arson allegations where the investigation is real but the motive attribution is wrong. A fire at a contested property creates instant suspicion toward whoever held financial interest in it. That suspicion, even when built on circumstantial evidence alone, can become a prosecution if investigators and prosecutors make assumptions that the defense has to break apart piece by piece.
Questions Tampa Residents Ask About Arson Charges
Can I be charged with arson even if the fire was an accident?
Yes, and it happens more than most people expect. Fire investigation is interpretive, and investigators sometimes conclude that a fire was deliberately set even when the evidence is ambiguous. Being charged does not mean the fire was actually intentional, and a strong defense challenges the methodology and conclusions of the investigation itself.
What happens if someone was injured or killed in the fire?
If someone was injured in an arson fire, additional charges may follow. In cases where a death results, the State can pursue felony murder charges alongside arson, which dramatically increases the potential sentence. These cases require defense work that addresses both the arson allegations and the causation questions related to the injuries.
Does arson always involve an accelerant like gasoline?
Not at all, and the absence of a detectable accelerant does not mean the prosecution will drop the case. Investigators use multiple factors beyond accelerant testing, including fire spread patterns, point of origin analysis, and witness statements. Defense attorneys need to address all of these elements, not just the chemical evidence.
What if I was at the scene but did not start the fire?
Presence at the scene can lead to charges, particularly if investigators believe the fire was intentionally set and the defendant had motive or opportunity. Being nearby, having access to the property, or having a financial interest in it can all make someone a suspect. The defense in these cases often focuses on the lack of direct evidence connecting the defendant to the act itself.
Can arson charges lead to federal prosecution?
Yes. When a fire involves a federally insured institution, federal property, or a fraudulent insurance claim submitted to a federally regulated insurer, federal charges are possible. Mail or wire fraud charges tied to an insurance claim can also bring federal jurisdiction into play. Omar Abdelghany is licensed in the U.S. District for the Middle District of Florida and the U.S. District for the Northern District of Florida and handles federal matters directly.
Will an arson conviction affect my right to own a firearm?
A felony conviction of any kind, including arson, results in the loss of the right to possess a firearm under both Florida and federal law. That consequence, along with the prison exposure, underscores why a charge at either degree of the statute needs to be taken seriously from the moment of arrest.
What should I do if fire investigators want to speak with me?
Do not give a statement to fire investigators or law enforcement before consulting with an attorney. Investigators are trained to gather information that supports the direction of their existing theories. Statements made voluntarily and without counsel can become evidence used against you, even when you believe you have nothing to hide.
Facing Arson Allegations in Tampa? Here Is What Omar Abdelghany Does Differently
Omar personally handles every case at OA Law Firm. There is no associate who takes the initial details and passes them up the chain. When someone facing a Tampa arson charge calls the firm, they speak with the attorney who will actually represent them. He reviews police reports, fire marshal findings, accelerant testing results, and any available evidence from the scene directly. He communicates with clients regularly and makes sure they understand what the evidence shows, what the prosecution is likely to argue, and what defenses are realistically available.
Arson cases often move slowly during the investigation phase and then accelerate sharply once charges are filed. Waiting to contact an attorney until after an indictment or information is filed puts the defense at a disadvantage. If fire investigators have contacted you, if your property was involved in a fire that is now under investigation, or if you have already been arrested on arson charges in the Tampa Bay area, contact OA Law Firm to discuss your case directly with Omar Abdelghany. He is available around the clock and will give you a straightforward assessment of where things stand.
OA Law Firm represents clients facing arson charges throughout Hillsborough County, Pinellas County, Pasco County, and surrounding areas, including in both state court and federal court when the case demands it. Reach out today to speak with a Tampa arson defense attorney who will handle your case from beginning to end.
