Charges of Arson: How Can a Lawyer Protect You?

Arson is a serious offense with a prison sentence, monetary penalties, and probation. An arson lawyer can defend your rights throughout the legal process and help you fight your charges. The prosecution must prove every element of a First Degree arson charge beyond a reasonable doubt. It includes establishing that you started a fire or explosion in a building or motor vehicle, caused serious injury, and did it for financial gain.

Charges

Arson is a serious offense with different punishments based on the terrible incident. If you deliberately use fire or explosives to damage a building or property that is inside of a building, you could be charged with first-degree arson in Nebraska. However, the State is required to show that someone was in the structure. An arson lawyer in Omaha might be able to reduce the charges or get them dismissed altogether, even if you are facing felony charges. The prosecution must establish each component beyond a reasonable doubt to successfully convict you of an arson accusation. A good lawyer can challenge the evidence and raise doubts about your guilt.

In addition, you can defend against the charge by proving that you did not intend to damage property. If you were a tenant, this could not be your defense because the law requires that you have a “possessory or proprietary interest” in the damaged property for the Fifth Degree offense to apply. A good lawyer might also be able to prove that natural causes and not intentional arson caused the fire.

Penalties

The penalties for arson are severe, and prosecutors take the crime very seriously. Your lawyer could help you avoid prison time and harsh consequences by challenging the prosecutor’s case. Arson laws in various states vary, but generally, the severity of the penalty depends on whether occupied buildings were burned and other factors. A conviction for arson typically carries more serious charges and penalties if the offender used an accelerant or tried to collect insurance proceeds.

In New York, for example, arson is divided into 5 degrees and can include felony charges. In addition, federal law prohibits arson if it is part of a larger scheme to commit other crimes, such as drug production or insurance fraud. The prosecution must prove that you deliberately started a fire that destroyed your property, which can be difficult. A good defense attorney can find ways to cast doubt on the prosecutor’s evidence, such as showing that you started the fire accidentally or had a reasonable explanation.

Defenses

When defending against arson charges, finding any proof that can cast doubt on the prosecution’s case is critical. It may include proving a lack of intent or that the fire was accidental. It may also involve dispelling circumstantial evidence by establishing a credible alibi and rebutting any motive for insurance fraud. When someone recklessly damages a building, vehicle, or other structure by causing a fire or explosion, they are guilty of arson in the fourth degree. The facts and circumstances of your case can be carefully evaluated by an experienced arson defense lawyer to decide which defenses have the best chance of succeeding. To defend your rights and achieve the best result for your case, the attorney will put forth great effort to see that every element of the prosecutor’s case is questioned. Whether this means that the charges are reduced or dropped altogether, your lawyer will fight to achieve this goal.

Representation

If you have been charged with arson, it is vital to seek criminal defense representation as soon as possible. An adept lawyer can represent your interests at each stage of the criminal justice process and lead you through it. Many states impose harsh penalties for arson, especially when a person suffers bodily harm from the fire. The type of property, the defendant’s intent, and whether the fire spread to other properties are other elements that may impact the offense’s severity. A defense attorney could contest the prosecution’s case and claim insufficient evidence to establish your guilt beyond a reasonable doubt. The lawyer may also fight to exclude questionable scientific evidence from the case. In addition, they could argue that the fire was caused by accident or reckless activity instead of malice. Some states allow property ownership to be a complete defense in arson cases, but this doesn’t apply when someone intentionally fires their property to collect insurance proceeds or make money.