Arson Defense

ARSON DEFENSE ATTORNEYS

Massachusetts, New York, North Carolina, Maryland & Virginia LAWYERS DEFEND ARSON CASES

ARSON

Arson is usually defined in Virginia, New York, Maryland and Massachusetts as setting a deliberate and intentional fire to a structure, building or piece of personal property.

Arson is a felony, with a very real risk of incarceration if convicted.

There are three main reasons why most people commit arson in Virginia, New York, Maryland and Massachusetts.

Arson for Financial Gain

The first reason is "for profit". Fire destroys, and if a building, dwelling or valuable piece of property is destroyed, then insurance claims can be made to cover the loss. If a piece of property or building in Virginia, New York, Maryland and Massachusetts has little or no financial value to the owner, but cannot be easily or profitably sold - then some owners may take to arson to "correct" this problem. The insurance value may be worth more than the actual street value - and setting an intentional fire will make it possible to file claims for complete loss of property.

Plus, even if insurance fraud doesn't enter the picture, fire makes it easier to dispose of the real property, as there is no longer any building or dwelling sitting on top of it.

This principle can also be taken with objects of financial value such as works of art or costly items that would be difficult or impossible to replace. In fact, there was an actual case where a man took out special insurance to cover his purchase of rare and very valuable cigars. He then proceeded to smoke them, and filed a claim for destruction through fire! The insurance company countered by filing suit for individual acts of arson for each cigar intentionally smoked.

Arson for Revenge

In this world people do many things out of revenge. Virginia, New York, Maryland and Massachusetts residents are no exception. Domestic violence can spiral out of control, and one partner to the relationship may try to injure the other through acts of arson - hoping either to ruin the other partner financially or to outright kill them. Arson is chosen to cover ones tracks, as fire tends to destroy evidence.

Disgruntled firefighters have also been known to start fires in order to seek revenge for a job related matter or other issue. Since they have intimate knowledge of how fires start, these rogue firemen can prove very difficult to apprehend.

Another form of revenge arson is politically motivated. A prime example of this is the so-called environmental group known as the Earth Liberation Front, who used arson as a means to protest what they thought as acts of environmental destruction by corporate or private citizens. Burning down abortion clinics is yet another example of politically motivated revenge.

Arson for Fun or Kicks

These acts are the hardest to prevent or predict, as there is usually no other motive than the thrill of seeing something burn. Juveniles are especially prone to set fire to abandoned buildings. This is more than just a prank gone haywire, since many times abandoned buildings house the homeless, and setting a fire can be tantamount to committing murder.

Setting intentional forest fires is another example. Especially in Virginia with its expansive wooded areas, this can be a major problem. The person or persons starting the conflagration gain no financial benefit or satisfy no personal vendetta.

They simply want to see a forest burn.

THE MODEL ARSON LAW

There is what is called The Model Arson Law proposed in the early 1920s by the National Board of Fire Underwriters, which breaks down the various forms of arson into four main legal definitions.

FIRST DEGREE ARSON:

This constitutes the intentional burning of dwellings - places where people are normally expected to be living or congregating, such as houses, apartment buildings or places of work. It doesn't matter if the dwelling is occupied or not - just the expectation that someone could be present is enough to satisfy this requirement. Virginia, Maryland, New York and Massachusetts all have penalties ranging from 2 to 20 years in prison for committing this serious felony.

SECOND DEGREE ARSON:

This is intentionally setting fire to buildings other than dwellings. (Vacant construction sites for example.) The penalty in Virginia, New York, Maryland and Massachusetts for 2nd degree arson is 1 to 10 years behind bars.

THIRD DEGREE ARSON:

This is defined as willfully and maliciously setting fire to property (other than buildings or dwellings) worth more than $25. 1 to 3 years in prison is the penalty for 3rd degree arson under Virginia, New York, Maryland and Massachusetts criminal law.

FOURTH DEGREE ARSON:

Sometimes arson is attempted but not successful. Attempting to burn buildings or property warrants a sentence in Virginia, New York, Maryland and Massachusetts of 1 to 5 years in jail, plus a fine not to exceed $1000.

Burning personal property with the intention to defraud an insurer also falls under 4th degree arson. Our aforementioned cigar aficionado could be convicted under this category.

It should be noted a person can be convicted of arson even if they do not physically participate in actually setting the blaze. The laws in Virginia, Maryland and Massachusetts clearly state that anyone who aids, counsels, or procures the materials to assist in the arson is equally liable under the law.

Reckless Burning

A related crime is that of reckless burning. This involves illegally setting fire to something other than a building or dwelling, such as leaves or trash. In New York, Virginia, Maryland and Massachusetts, reckless burning is considered a lesser charge.

The purpose of this law is to protect areas of high risk from fires that could get out of control and cause more widespread damage.

SRIS PC - The Right Arson Defense Lawyers

If you've been arrested in New York, Virginia, Maryland and Massachusetts for arson or even reckless burning, the first and most important thing to do is finding the right lawyer skilled and experienced in these particular aspects of criminal defense. The courts in New York, Virginia, Maryland and Massachusetts won't look lightly upon these offenses - so being represented by attorneys familiar with all aspects of these complex statutes is to your distinct advantage.

When you need an attorney with specific experience in handling arson cases in Virginia, New York, Maryland or Massachusetts, you'll get an attorney who knows the ins and outs of the specific statutes in these respective jurisdictions.

Our firm has case specific attorneys in New York, Virginia, Maryland, New York, North Carolina, & Massachusetts - all committed to providing the best defense for people accused of serious felonies such as arson.

Our Guarantee to You

As SRIS, P.C. we guarantee you the following:

• There is no charge for the initial consultation to discuss the facts of your case. 
• All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.
• There is always a written retainer agreement, specifying all details and payments expected.

There's a lot at stake. We know that no matter how many cases we've handled, or whom we've represented before, the only case that matters to you is yours.

A highly qualified Massachusetts, New York, Maryland or Virginia arson defense attorney is just a toll-free phone call away. You can also contact us on line.