Arson

If you’re facing criminal charges for arson, you need to start putting your defense together as soon as possible. Depending on the circumstances of your case, you are likely facing severe penalties for a conviction.

A strong defense is more likely to lead to a favorable outcome, and a strong defense starts with hiring a criminal defense attorney in your area.

What Is Arson?

The crime of arson, generally speaking, is the intentional burning or setting fire to property. Most arson cases involve buildings, but the charge can also apply to motor vehicles, forests or any land without structures on it, and any type of personal property. Criminal law makes clear that the prosecution has the burden of proof beyond a reasonable doubt in the case, which means there are four elements they need to prove to secure a conviction:

• Malice: The act of burning must be done maliciously. Whether for criminal purposes or insurance fraud, they must prove you started the fire on purpose and knew that it was likely to cause harm. Flicking a lit cigarette out a car window or failing to extinguish a campfire raise questions concerning intent.
• Burning: The act of starting a fire or creating conditions for a fire is an element of arson.
• Dwelling: Traditionally, arson involved the burning of a “dwelling,” but under modern law this element applies to other property too. It means the malicious burning happened to some type of property.
• Ownership: The burned property needs to belong to someone, whether it’s another person, a company, or even the arsonist’s own property.

The prosecution will be trying to prove that you intentionally burned someone’s property, knowing that it would cause damage. Because arson cases often involve insurance proceeds, an insurance company will likely want to prove that the burning was intentional.

What Are the Degrees of Arson?

The seriousness of arson cases varies. In most jurisdictions, there are three degrees of arson, though some may have four. The one you may be charged with will depend on the severity of your case.

• First-degree arson: Setting fire to a building that had people in it at the time could lead to a first-degree arson charge. First-degree arson is a felony. The exact punishment will vary from state to state, but because of the threat to human life involved, you could face prison time of up to 20 years to life in prison. You could also get a steep, five-figure fine and owe damages in civil court.
• Second-degree arson: Arson in the second degree will usually apply when a building or home is set on fire without any occupants inside at the time. Second-degree arson is also a felony. Typical penalties for second-degree arson include prison sentences ranging from a few years to a couple of decades, or hefty fines for thousands of dollars.
• Third-degree arson: This is usually a felony, though the exact class of felony can change depending on which state you’re in and the extent of the damage. Most states consider it a third-degree offense when the fire was set in abandoned or otherwise empty property. Penalties for third-degree arson can include prison sentences of a couple of years and sometimes up to 15 years, or fines for a few thousand dollars. Civil court cases, however, could require you to pay much more.

Are There Defenses Against Arson Charges?

Yes. Certain states may consider intoxication a factor in considering whether you had the necessary intent to start the fire. Some states allow psychiatric evaluations to determine whether a mental illness eliminates criminal responsibility.

Also, proving that you were present at the scene can present a challenge to the prosecution. Arson experts will try to pinpoint the exact time the fire began. Establishing an alibi or that you did not know how to use the accelerant that caused the fire can disprove that you were there.

In several states, laws say that individuals below a certain age cannot be deemed guilty of arson. It’s crucial to assess whether a juvenile comprehended the illegality of their actions or whether it was just vandalism, though the presumption of a lack of criminal intent gradually diminishes as a child’s age increases.

Additional defenses worth considering are impossibility and violations of Fourth Amendment rights relating to search and seizure. A good defense attorney will also be able to weaken the credibility of key witnesses for the prosecution.

Because the arson laws vary from state to state, you’ll need to understand your state’s laws when you build your defense. It will usually be in your best interests to work with a criminal defense attorney with experience in arson cases to understand what the laws are and how you can best defend yourself against them.

Get an Attorney’s Help Building a Defense

If you’re facing criminal charges for arson, it’s crucial that you hire a criminal defense lawyer to defend you. An arson conviction will forever alter your life and the lives of your family members. The prosecutors have many challenges in proving your guilt. A defense attorney will be able to capitalize on those.