Arson is the act of willfully and maliciously setting fire to a house, building, or other property.

Under common law, arson was the willful and malicious burning of the house of another person and was considered a felony punishable by death. The penalty for arson now consists of differing periods of imprisonment. If the act results directly or indirectly in the death of a person, it is usually treated as murder.

Burning one's own house to defraud an insurer or destroy the property of another on the premises was also a crime, usually a misdemeanor, in common law; in some states of the U.S., however, this act is now defined as a lower degree of arson and consequently is punished less severely. Under the penal statutes of some states, including New York, arson in the first degree is setting fire to any building in which a human being is present.

Arson is prosecuted based upon the severity of the offense. The District Attorney will first examine what kind of harm was done and to what extent.

The most serious arson cases are ones involving harm to persons, particularly those killed by the arsonist’s acts. In many cases, these are filed as Capital Murder, exposing the defendant to the death penalty.

Second, when property is destroyed, cases are treated with great scrutiny. Arson can be prosecuted as a felony or a misdemeanor. Defendants may be sent to state prison or local county jail.

In certain cases, people have been granted probation (without jail) where the incident was minor and the person who set the fire did not suffer form any psychological conditions that rendered him likely to do it again. This is where an experienced lawyer can make a difference for his client.

In many cases, the psychological makeup of person who commits arson is marked by animal cruelty in their past as well as social dysfunction, including lack of social contacts and poor family and interpersonal relationships. It is crucial that these persons get psychological help immediately. Doing so will help them and help the outcome of their criminal case.

I believe the Constitution matters most when it serves the individual against the awesome power of the State. A good lawyer is the only protection between you and the Police, the Court, and the the District Attorney. I will defend anyone accused of wrongdoing, regardless of the charge. Call me at (949) 474-8008 or contact me online to discuss your matter confidentially 24 hours a day.