A Defendant's Guide to Arson Charges and Defenses

 a defendant s guide to arson charges and defenses  a defendant s guide to arson charges and defenses

 a defendant s guide to arson charges and defenses a defendant s guide to arson charges and defenses

The clearer your understanding of the basic elements of arson, from its criminal definition and Wisconsin laws regarding penalties to your potential legal strategies, the better your chances of defending yourself against such a charge. Take a moment to introduce yourself to the following key points about arson charges and defenses.

Arson Definition

Wisconsin lays out its definitions of arson in Chapter 943 of the Wisconsin Code regarding crimes against property. Paragraphs 943.02(1)(a) and 943.02(1)(c) define destruction of another's property by fire or explosives as arson.

The Wisconsin Code addresses the issue of arson with intent to defraud. According to Paragraphs 943.02(1)(b) and 943.04, destruction of property by fire for the purpose of filing a fraudulent insurance claim counts as arson.

Even if the property did not actually burn or explode, you can still face criminal charges as long as you placed explosives or combustible materials in or near the property with the intention of destroying it. The Wisconsin Code clarifies this point in Paragraph 943.05, Placing of combustible materials an attempt.

The destroyed property in question need not involve a residential or commercial structure. You can also receive an arson charge for blowing up or setting fire to someone's land or other possessions. The Wisconsin Code includes and explains these offenses under Paragraph 943.03, Arson of property other than building.

Arson Charges and Penalties

Like many crimes, arson charges vary according to the perceived type and degree of the offense. Wisconsin law classifies destruction of another's property by fire or explosives as a Class C felony. A Class C felony may incur penalties of up to 40 years in prison and/or $100,000 in fines.

Destruction of another's property other than a building counts as a Class I felony, potentially resulting in penalties of up to 3.5 years and/or $10,000 in fines. The same crime committed to defraud an insurer counts as a Class H felony. A Class H penalty may result in penalties of up to six years in prison and/or $10,000 in fines.

These numbers represent the maximum potential criminal penalties in arson cases. The actual penalties imposed, while remaining with the ranges of the felony in question, may depend on a variety of details and circumstances. For instance, you may receive a stiffer penalty if the arson involved an occupied building versus an abandoned one.

Arson can lead to penalties above and beyond those of the felony conviction. If the court finds you guilty of arson, anyone who suffers personal or financial injury because of your action may mount a civil lawsuit against you. Your insurer has no obligation to come to your defense in this kind of lawsuit.

Don't assume that the amount sought by the plaintiff in such a civil case represents the total amount you must repay. The Wisconsin Code directs the court to award treble damages (three times the actual damages figure) to the injured party. Treble damages also apply to a case of arson that causes wrongful death.

Arson Defenses

You may face an uphill battle when defending yourself against an arson charge. For one thing, insurance companies, forensic experts, and other investigating parties make a point of collecting sufficient evidence to support such a case. Your position grows even more tenuous if you had the motive and opportunity to commit arson.

Fortunately, a skilled defense attorney knows how to explore every possible angle that might weaken the state's supposedly ironclad case against you. For instance, the fact that you had a potential motive to commit arson doesn't necessarily constitute proof, nor does the mere fact that you had the ability to commit the crime in question.

Your best bet for a successful arson defense may hinge on convincing the court that someone else (or even no one at all) committed the crime. Your attorney will examine all the available evidence for any sign of another person's presence at the scene or some natural event that might have caused flammable substances to combust.

One key to your successful defense against arson charges may lie in the methods, tools, and techniques used to commit the crime. If your attorney can portray the arson as the clear work of a professional arsonist, your lack of such specialized knowledge or equipment could eliminate you as a valid suspect.

Keep in mind that, by arson's very definition in the criminal code, the defendant must have knowingly destroyed another's property. This requirement of malicious intent may give your attorney an opening to defend any destruction on your part as purely accidental, potentially forcing the court to dismiss the arson charge.

Cohen Law Offices can discuss the arson charges against you and help you understand your options for securing the best possible legal outcome for your case. Call Today at 715-514-5051 to schedule a consultation and speak to an experienced attorney.