Fires have the potential to cause extreme devastation. Every year, more than 8,000 wildfires destroy thousands of acres of land, including private property, across the state of Florida. Most of the time wildfires are caused unintentionally by an accidental spark or escape of ashes. When wildfires are set intentionally, however, it’s considered Reckless Burning of Lands, which is an environmental crime.
If you or someone you know has recently been arrested for setting a fire, it’s important to know what the charge of Reckless Burning of Lands entails and how you can create a viable defense strategy that will stand up in court.
Reckless Burning of Lands is outlined under Florida Statute 590.28. According to the statute, Reckless Burning of Lands is defined as:
“Whoever recklessly burns, sets fire to, or causes to be burned any wildlands not owned by, or in the lawful possession of, the person setting the fire or burning the lands or causing the fire to be set or lands to be burned.”
In short, a person can be charged with Reckless Burning of Lands if it’s found that they made an action that they knew could cause a fire.
In Florida, Reckless Burning of Lands is considered a general intent crime. When a person is charged with a general intent crime, the state is not required to prove the person knew their actions would cause a crime.
According to the law, Reckless Burning of Lands is a second-degree misdemeanor. Those who face misdemeanor charges in Florida are subject to severe penalties including:
If found guilty of the charges, the penalties an individual faces are dependent on the details of the crime. Second and third offenses are subject to more severe penalties including a minimum of 60 days in jail and higher fines.
The best course of action for anyone charged with a general intent crime such as Reckless Burning of Lands is to seek the guidance and expertise of a knowledgeable criminal defense attorney.
Choosing the right attorney to represent you if you’re facing Reckless Burning of Lands charges is imperative. As you search for the right law team, be sure to ask about the viable defense strategies that have been proven to stand up in court. Some of the most common defense strategies for Reckless Burning of Lands charges include:
With the help of the right criminal defense attorney, you have a chance to mitigate the charges before even going to court. The Umansky Law Firm is knowledgeable on the subject of pretrial defense strategies to reduce the chances that you need to appear in court.
At The Umansky Law Firm, we believe that you shouldn’t let a single mistake define your life. If you’re facing charges for Reckless Burning of Lands or any other general intent crime, the best time to contact an attorney is now.
In Orlando, The Umansky Law Firm is known for providing viable criminal defense strategies that stand up in court. Our team of former prosecutors brings a unique point of view to every case and provides the guidance you need to navigate the process. With more than 100 years of combined experience, we are proud to be a trusted law firm in Orlando, Florida.
To speak directly to an attorney about your case, call or contact our firm online today. We look forward to talking with you soon.
The Umansky Law Firm Criminal Defense & Injury Attorneys
