Hillsborough County Arson Attorney
Arson charges in Florida carry some of the most serious criminal penalties on the books, including mandatory minimum sentences and felony convictions that stay on a person’s record permanently. A charge at this level deserves an attorney who understands exactly how fire investigations unfold, where forensic evidence gets contested, and what the state actually has to prove before a conviction is possible. Omar Abdelghany of OA Law Firm has built his practice around criminal defense in the Tampa Bay area, and he handles cases at every level of complexity, including the kinds of serious felony charges that come with an arson allegation. If you are searching for a Hillsborough County arson attorney, the information below will help you understand what you are dealing with and how this type of defense works in practice.
What Florida Law Actually Requires to Prove Arson
Under Florida Statute Section 806.01, arson is defined as willfully and unlawfully, or while in the commission of a felony, damaging or causing to be damaged a structure by fire or explosion. The statute distinguishes between first and second degree arson based on whether a person was inside the structure at the time, or whether the structure was a dwelling versus another type of building.
First degree arson is a first degree felony, punishable by up to 30 years in Florida state prison. Second degree arson is a second degree felony, carrying up to 15 years. These are not charges where a plea to a lesser offense happens automatically. The state often pursues these aggressively, particularly when insurance fraud, injury to another person, or death is connected to the alleged fire.
What that statutory language means in practice is that the state must establish both the act and the intent. Accidental fires, structural failures, electrical malfunctions, and faulty appliances can all produce fire damage that looks suspicious to an investigator. The challenge for the defense is that fire destroys evidence, and the investigation happens largely after the fact, relying on expert interpretation of burn patterns, accelerant detection, and witness accounts. That interpretation is fallible, and it has been wrong in documented cases throughout Florida and nationwide.
How Fire Investigations Build a Case, and Where They Break Down
The fire marshal’s office and law enforcement investigators typically respond after the fire department has already worked the scene. By the time a formal investigation begins, much of the physical evidence has been affected by suppression efforts, water, and debris removal. What remains is analyzed for burn patterns, the presence of ignitable liquid residue, point of origin, and signs of accelerant use.
For years, fire investigation relied on methodologies that have since been challenged or revised. The National Fire Protection Association has updated its guidelines substantially, and older assumptions about what constitutes “proof” of arson, including certain burn pattern interpretations, have been shown to be unreliable. Defense attorneys who handle arson cases have to understand these evolving standards well enough to challenge the state’s expert witnesses effectively.
In Hillsborough County, cases are prosecuted through the Thirteenth Judicial Circuit. Depending on the nature and scope of the fire, federal agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives may also be involved, particularly in cases involving multiple incidents, insurance fraud allegations, or suspected organized activity. A case that starts as a state arson charge can expand into a federal matter, which is why having an attorney licensed in federal court matters. Omar Abdelghany is licensed to practice in both the U.S. District for the Middle District of Florida and the U.S. District for the Northern District of Florida, in addition to all Florida state courts.
The Connection Between Arson Charges and Insurance Fraud in Florida
Prosecutors in Florida frequently pair arson charges with insurance fraud allegations. The theory is straightforward: a person sets fire to their own property and then files a claim. Even when there is no fraud involved, the existence of an insurance policy can be used to suggest motive, and that inference can be difficult to counter without a defense that directly addresses it.
Florida Statute Section 817.234 governs insurance fraud and includes provisions specifically related to fire and property loss. Conviction on both an arson count and a fraud count would result in consecutive sentences in some circumstances, dramatically increasing the total exposure. When both charges appear together, the state’s case often depends heavily on financial records, claim history, and timing of policy changes. These are areas where the investigation goes well beyond the fire scene itself, and the defense has to operate on both fronts simultaneously.
OA Law Firm handles white collar and fraud-related charges alongside traditional criminal defense, which is precisely the kind of overlap that matters in an arson case where the state is building a financial motive argument.
Questions People Ask About Arson Charges in Hillsborough County
Can I be charged with arson for a fire on my own property?
Yes. Florida law does not require that the damaged property belong to someone else. If the fire endangered people, involved a dwelling, or was connected to an insurance claim, arson charges can follow even if you owned the structure involved.
What happens if someone was injured or killed in the fire?
An arson charge where injury or death resulted will typically be prosecuted as a first degree felony, and the state may also pursue additional charges including aggravated battery or manslaughter depending on the circumstances. These facts significantly increase potential sentences and affect plea negotiation dynamics.
Is arson always charged as a felony in Florida?
Under Florida law, arson is a felony charge, either first or second degree. There is no misdemeanor arson classification. Related offenses, such as criminal mischief involving fire, can be charged at lower levels, but actual arson under Section 806.01 is always a felony.
How does the defense challenge fire investigation evidence?
The primary avenue is expert testimony. A qualified fire investigation expert can review the same evidence the state’s investigators used and challenge their conclusions about origin, cause, and the presence of accelerants. Chain of custody issues, improper evidence handling, and the use of outdated investigative methodology can also form the basis of a challenge.
What if I cooperated with investigators before I was charged?
Statements made before counsel was retained can still be used against you in Florida, subject to constitutional protections depending on the context in which they were taken. If you spoke with fire investigators, insurance adjusters, or law enforcement before retaining an attorney, that needs to be disclosed to your defense attorney immediately so those statements can be evaluated.
Can arson charges be reduced or dismissed?
Yes. Like any criminal charge, arson can be resolved through dismissal, reduction to a lesser offense, or acquittal at trial. The outcome depends on the strength of the state’s evidence, the credibility of expert testimony, and whether constitutional violations occurred during the investigation. These are case-specific determinations, not ones that can be made on a general basis.
Does OA Law Firm handle arson cases that also involve federal charges?
Yes. Omar Abdelghany is licensed in federal court in Florida and handles federal charges including those connected to arson investigations that cross into federal jurisdiction, such as cases involving federal property, mail and wire communications in furtherance of fraud, or multi-state activity.
Defending Arson Charges in the Tampa Bay Area
OA Law Firm represents defendants in Hillsborough County and the surrounding Tampa Bay area on serious felony matters, including arson. Omar Abdelghany personally handles every case in the firm. There are no associates or assistants managing client communication on his behalf. He provides clients with direct access, returns calls and emails promptly, and keeps clients informed throughout every stage of their case. That structure matters in a case like arson, where developments can move quickly and decisions about evidence challenges, expert retention, and strategy require real attorney involvement, not support staff intermediaries.
If you are facing an arson charge or are under investigation by fire marshal investigators, insurance fraud units, or law enforcement in Hillsborough County, contact OA Law Firm to speak directly with a Hillsborough County arson defense attorney about your case.
