The top 3 legal defenses to arson charges are for you to show that:
- you did not act with criminal intent,
- the fire was started by something other than arson, and
- you were falsely accused.
The criminal laws of most states say that you commit the crime of arson if you intentionally and willfully set fire to or burn any:
- structure,
- inhabited structure,
- forest land, or
- property.
As to arson of property, note that most jurisdictions say that the offense does not include burning down your own personal property unless you commit the act with an intent to defraud someone.
Many jurisdictions break the offense of arson down into varying degrees or types of arson (for example, first-degree arson, second-degree arson, and third-degree arson). First-degree charges are generally the most severe.
Most state laws classify arson as a wobbler offense, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony offense. Penalties can include several years in either county jail or state prison.
1. No Criminal Intent
Most often, yes. Recall that you will typically only receive an arson conviction if you set fire to something intentionally and willfully.1
This means you can raise the arson defense that you did not act with such aim or intent. Perhaps, for example, you set fire to something by accident.2
As to arson and your own property damage, also recall that most states say that you are only guilty of a crime if you acted with the intent to defraud (for example, with the intent to defraud an insurer on a specific insurance policy).3
You can therefore contest criminal charges by showing that you did not act with a fraudulent goal.
2. Fire Not Cause By Arson
It is always a defense in arson cases for a defendant to show that a fire was started by something other than arson. Some common causes of fires include:
- harsh weather or lightning (especially for wildfires),
- faulty or old wiring,
- cooking and heating equipment,
- candles, and
- smoking.4
You can try to contest an arson charge by showing that one of the above caused a fire, and not your own acts.
3. False Accusation
Most often, yes. There are many reasons why people falsely accuse others of arson. Some of these are that they:
- burned their own property, in violation of insurance fraud laws, and now want to pin it on someone else,
- accidentally started a fire and do not want to face the consequences, and
- accuse someone out of anger or revenge.
No matter the specific reason for the false accusation, an alleged arsonist can typically contest a charge by showing that he/she was unjustly blamed.
4. Role of Defense Lawyer
Yes. Criminal defense lawyers play an important role in arson cases because they will know what defense strategies are at your disposal.
Remember that you and your criminal lawyer can use any defense that casts reasonable doubt on the prosecutor’s case. Defense lawyers will know and understand which particular defense has the best chance to do this.
By raising the most effective defense, a lawyer can help you avoid a:
- conviction,
- criminal record, and
- possible prison sentence.
Note that most attorneys and law firms provide free consultations, meaning you can receive legal advice at no cost.
Further, your communications with a defense attorney are protected by the attorney-client relationship. This means your lawyer cannot disclose these communications without your prior consent.
Legal References:
- See, for example, Black’s Law Dictionary, Sixth Edition – “Arson.”
- But note that, depending on the facts of the case and state arson laws, you could still face charges of “reckless burning” for certain accidents.
- See, for example California Penal Code 451 PC.
- See National Fire Protection Association website, “Top Fire Causes.”
