first degree arson

The carbon monoxide level in her bloodstream was later determined to be very low, suggesting that she stopped breathing almost immediately after encountering the fire. For example, if a defendant accidentally sets fire to a trailer house in an isolated area, they could argue that no one was at risk of being injured.Some defensive theories are state-specific. Some defendants choose to attack a first degree felony charge outright and claim innocence. For example, Arizona permits a defendant to raise voluntary intoxication as a defense because arson is a specific intent crime. 369 (C.A.6 (Tenn.) 2007) Second Degree Arson. Some states will also call the this The second component is proof of some aggravating circumstance. Aggravated arson, which carries the most severe punishment for arson, is punishable by 10 years to life in state prison. South Carolina, for example, will aggravate an arson charge when another person dies as a result of the arson. If this type of defendant lived in a “malicious intent” state, he or she could admit to starting the fire or explosion, but focus on showing that the result was purely accidental. Many states require sentences for offenses that arise out of the same transaction run concurrently, or at the same time. The intent or result of the arson will determine the degree of arson charged to a defendant. This doesn't influence our content. If convicted, a person could be sentenced to 38 to 60 months in prison depending on his prior convictions. First degree arson is considered the most egregious form of arson. Finding trusted and reliable legal advice should be easy. The main focus of these arson statutes is the risk of harm to others.Another aggravating circumstance is the property destroyed as a result of the arson. A defendant in South Carolina can face a fifty-year sentence. Georgia Law on Arson in the First Degree O.C.G.A. However, a defendant is usually charged with first degree arson when the overall intent or result is particularly harmful. §16-7-60 states that a person will be guilty of arson in the first degree when, by means of fire or explosion, whether or not in the commission of a felony, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: Arsonists normally use an Many U.S. state legal systems and the legal systems of several other countries divide arson into degrees, depending sometimes on the value of the property but more commonly on its use and whether the Many statutes vary the degree of the crime according to the criminal intent of the accused. According to the release, Davis denied setting the fire, but admitted to seeing the fire, walking past and then continuing on his way to his residence. A person who commits arson is called an arsonist.

The basic definition of arson is the starting of a fire or explosion with an intent to destroy or damage something. A few states, however, make arson an exception to this rule and authorize stacking or consecutive sentencing, which can significantly increase a defendant’s time in prison.If a defendant can show that the arson was not motivated for a violent purpose and no one was actually hurt, he or she may be able to qualify for probation. While somewhat frustrating, understanding how a charge is elevated to first degree arson is extremely important to develop an effective defensive theory or strategy.A defendant charged with arson based on a malicious intent may need to negate two different intents: the intent to set the fire and the intent to cause some harm.

FREE!Helping 20 Million Americans a Year for 20 Years. Arson in the first degree is a Class A-1 felony and requires the intent to burn the building with a person inside using an explosive incendiary device.

Like defenses, the range of punishment for first degree arson varies by state. Events constituting arson in English law might be dealt with as one or more of a variety of offences such as This article is about the crime. Texas and Oregon, however, will aggravate to first degree when a defendant places another person in danger of death or serious bodily injury. FREE! A defendant whose motivation is based on a mental condition can be required to attend counseling and complete any court ordered mental health programs. Examples of malicious purposes include, The next key aggravating circumstance is the result, or potential result, of the arson. FREE! They can also contest the harm or potential harm to another. However, most states will categorize property-based arson as second degree arson. We strive to help you make confident law decisions.

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