Featured News 2011 Accused of Arson: How to Deal

Accused of Arson: How to Deal

In 2001, arson was the second leading cause of death in the United States with 1.4 billion dollars in property damage yearly. It is defined as someone who willfully and maliciously sets fire to a structure, forest, or property. This also includes anyone who abets or gives advice pertaining to the alleged arson. Formerly, if you burned down your own house most states would have not considered it arson; now, most states have changed their definition of arson, rendering house burning as a part of the term's definition. Though many are correctly charged with arson, it is possible that you may find yourself wrongly faced with the charge.

In order to be accused of arson, the exact point where the fire was started needs to be investigated, which means that arson investigators need to look through the wreckage after the fire to determine if the fire was set on purpose or not. If accused of arson, it must be proved that the intent of the person was done willfully and maliciously. There are a lot of alternative ways in which a fire can start: cooking accidents, incorrect wiring, or even lightning.

The severity of the alleged arson determines what degree one would be tried for. If the degree is not as serious, meaning that there is less damage on the property or the grounds, it could be considered misdemeanor arson. If damage is more than $1,500, the offense can turn into a felony. The next level after a misdemeanor arson which includes a more substantial amount of damage to most of the property merits a second-degree arson. In most cases, the punishment for a person sentenced for second degree arson will get 2 to 20 years in prison. The last degree of severity includes extensive damage to the ground and an injury or a death. This is a first -degree arson charge.

The United States Fire Administration reports that 50% of arson fires happen outside, 30% inside buildings, and 20% inside cars. It is more commonly reported that those who commit and have been charged with arson may be trying to commit insurance fraud. Insurance fraud usually deals with a person collecting the amount of money that the building is worth when insured for some sort of disaster stipulated in the insurance contract; many times this includes damage against fire. Also in 1996, reportedly, many who were committing arsons were targeting places of worship- especially African American churches in the south.

In 1996, government agencies were trying to tackle the ongoing problem of arson in blighted houses. A blighted house is a term for houses that have been abandoned by the builders because the cost of repairing the damage that they have received is not enough to make a profit. These blighted houses were the perfect setups for crimes or arson or even other unlawful dealings. Allegedly, half of the arson arrests in the United States are juveniles. Government agencies have been trying to find out how to raise the cost of demolition to avoid such events and stop arsonists from damaging more property and putting themselves and others in danger.

Though this is true of those who are convicted of arson, there are also many cases where those who are charged with arson are acquitted. An example of this would be in Lansing, Michigan where the Ludington Daily News reported that a man and his wife were charged with arson and manslaughter because their Christmas tree allegedly caught and fire. Their 34-year-old neighbor downstairs in their apartment building died due to inhalation of the fumes. Upon trial, where police authorities had detailed evidence that a stimulant had issued the fire by the tree, there was a former fire marshal who testified to the contrary. He displayed to the court outside that stimulants were not necessary for the fire to have gotten started. Therefore, the man and his wife were acquitted of the charge. Should you be charged of a crime, it is important to provide all the facts and to understand the information surrounding charges of arson. Make sure that you understand the facts so that your case can be correctly presented.

Related News:

Know Your Rights: What Makes a Criminal Case?

If you believe that you are in jeopardy of being charged with a criminal case, a lot of times there are some simple indicators that might give you a clue as to whether the actions would be considered ...
Read More »

The End of Mandatory Minimum Sentences?

Last month, a Colorado defendant petitioned a judge to postpone his sentence hearing. He did so in the hopes that sentencing reforms would soon be in place, ending mandatory minimum sentences for ...
Read More »

Define the Law: Stalking

In California, the first case of stalking happened in the 1980's when a TV star named Rebecca Schaeffer was murdered. Similarly, only two years later an actress named Theresa Saldana was ...
Read More »