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Common Defenses for Arson Charges



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Common defenses can be used to defend against arson accusations. This will help you defeat your criminal case. The charges for arson in New York, California and Chicago vary, but the basic defenses that can be used in any jurisdiction are the same. Read on to learn more about these crimes. Find out the most common defenses against arson. Next, learn the details about what each offense costs in each jurisdiction. When you are clear on the facts, you can defend arson charges with confidence.

Common defenses for arson allegations

You are not the only one being accused of arson. There are many common defenses for this crime. The best defense is the mistaken identity. An effective misidentification defense is possible, especially if the suspect is not identified immediately at the scene of the fire. While arson is often committed in order to conceal another crime such as domestic violence, financial gain, or other crimes, it can also be accidental. In either case, you must provide the prosecution with enough evidence to prove you didn't intentionally start the fire.

The prosecution is responsible for proving that you lit the fire. A defense strategy that works may not be successful. A successful defense strategy may result in a reduction of charges to second-degree arson, which carries less severe punishment. A successful defense strategy may also reduce charges to second-degree arson, which carries a lesser punishment, and more likely to be dropped altogether.


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Penalties for arson in New York

The New York law regarding arson is very varied depending on what type of crime it was. Arson penalties can range from A-I felonies and class A misdemeanors. An experienced attorney can help you negotiate either a plea deal, or a non-criminal outcome. Depending upon the facts of your case, you may be eligible for a reduced sentence or even avoid jail.


The minimum sentence for fourth-degree arson in New York is one year in prison. A fourth-degree conviction can result in up to four year imprisonment. This offense is punishable with fines as well as restitution to the victim. There are no mandatory minimum sentences for second-degree arson, and you can serve as little as a year in jail. Even though the penalties for fourth-degree arson are relatively low, they are still hefty.

Penalties for arson in California

California's penalties for arson range from misdemeanors, to felonies. An example of arson is reckless burning unoccupied property. Prosecutors will attempt to prove the accused intentionally started the fire. Other crimes against the person could also be pending, such as auto theft. In both cases the person may be sent to prison for their actions. California arson charges can be very serious.

Fire can kill a person and could lead to a charge of first-degree criminal murder. Falsifying insurance claims is also a crime under PC 189, and a fine that doubles the actual insurance proceeds is possible. Although penalties for arson may vary from one state or another, the majority are severe. For more information on arson charges in California contact the attorney general.


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Chicago Penalties for Arson

While the penalties for arson in Chicago are quite severe, they also vary by crime. Residential arson carries a much harsher penalty than commercial arson. Aggravated arson is more likely that it will cause injury or death, and property damage. Persons charged with this offense face a sentence of six to 30 years in prison. They will also be unable to apply for probation. A long prison sentence may be necessary if there was a victim.

Arson is a crime that cannot be proved by statute. The Illinois Code of Criminal Procedure stipulates that a prosecution is possible at any time, even if a crime occurred many years ago. Thus, it is entirely possible for Chicago police to uncover evidence from the Great Chicago Fire, as well as the motives and methods of the perpetrator.


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A will is an important legal document which determines who gets the property after you die. It contains instructions about how to pay debts and other financial obligations.

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Common Defenses for Arson Charges