How to Defend Against Arson Charges

March 5, 2021
By Lessem, Newstat & Tooson, LLP

Arson is a serious criminal charge that can result in severe penalties that can permanently impact your life. If you are facing arson charges, then you will need to devise a strong defense strategy to refute the allegations against you. Although dealing with arson charges can be overwhelming, you can fight to save your future with the following defenses.

Hire a Fire Investigator

When real estate or vehicles are destroyed in a fire, insurance companies often get involved because of policies that cover the damaged property. The company will send an arson investigator to determine if the policyholder committed the fire to receive monetary settlements. You can find a fire investigator of your own to determine the cause of the fire and if there is a lack of motive on your part. A fire investigator can also look for and verify proof that another party was responsible for the fire.

Proving Motive

To prove you committed arson, the prosecutor must be able to establish causation and your association to the crime. One possible defense against the charges is proving the alleged motive does not exist or is not relevant. The prosecutor also needs to establish that you intended to start a fire that caused substantial destruction, which means proving the fire was accidental can help you beat the charges.

Inaccurate Science / Testing Flaws

Although the prosecutor might present evidence like shoeprints and vehicle tracks that were collected via infrared goggles, digital cameras, and fine-hair brushes, the lack of witnesses and forensic evidence that hasn’t been damaged from the fire can present a chance to dispute the accuracy of the science that is being used against you. You should consult with a lawyer to find your own expert to dispute the science in court and make sure the jury is educated on all the facts.

Lessem, Newstat & Tooson, LLP is here to fight for your rights if you have been accused of arson. Call (888) 643-2943 today or visit our law office to request a free legal consultation.

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