Disposing of Lighted Substances in Florida

In Florida, the crime of Disposing of Lighted Substances is defined as the throwing, droping, or disposing of lighted matches, cigarettes, cigars, ashes, flaming or glowing substances, or any material that may or does cause a wildfire. [1]

General Intent Crime

The crime of Disposing of Lighted Substances is a general intent crime, which means that the State is not required to prove an intent to cause a wildfire.

Penalties for Disposing of Lighted Substances

In Florida, the crime of Disposing of Lighted Substances is classified as a First Degree Misdemeanor punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.

If convicted of Disposing of Lighted Substances, a judge may sentence a person to probation, but may also impose a sentence up to the statutory maximum of one year in jail.

Defenses to Disposing of Lighted Substances

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Disposing of Lighted Substances are:

Lack of Vegetation

If the item was discarded in an area that lacked combustible vegetation, such as a mall parking lot, the State would be unable to prove that a “wildfire” could occur.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Disposing of Lighted Substances in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Florida Statute 590.10