You may have been accused of setting a structure on fire and hence been charged with arson. However, you quickly discover that because the arson was actually "aggravated arson," you may receive a lengthy jail sentence. Keep reading to learn the difference between aggravated arson and simple arson. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What is simple arson and what is aggravated arson?
Simple arson is the term used to describe the crime of intentionally and deliberately setting fire to a building, car, or piece of forest property. It becomes aggravated arson if during the course of the fire someone was hurt or killed, someone was in the building or close to the building when it was set on fire, or a first responder was injured in dealing with the fire.
Most jurisdictions consider aggravated arson and arson to be severe offenses (as opposed to misdemeanors). However, if you are found guilty of severe arson as opposed to simple arson, you will frequently serve a longer jail term.
The importance of aggravating factors
A prosecutor could choose to pursue an aggravated arson charge rather than a simple arson prosecution if certain aggravating circumstances are present in the case. According to the State of California, for instance, if one or more of the aggravating circumstances listed below present, you are guilty of aggravated arson:
- At least once in the last ten years, you were found guilty of arson
- You committed an act of arson that resulted in property damage of more than $7,000,000, and/or
- You committed an act of arson that caused damage to at least five inhabited buildings.
Does setting fire to your own property constitute aggravating arson?
Not always. Burning personal property—often real estate—in order to receive insurance money is a common cause of arson cases. Simply setting fire to your own property won't turn a case of arson into aggravated arson. However, if you do it with the aim to defraud, you might also be charged with insurance fraud.
Must you get in touch with a criminal defense lawyer?
A criminal defense attorney can assist you if you are charged with any kind of arson. Defense attorneys can advise you on whether you may be charged with simple arson or aggravated arson based on their knowledge of your state's criminal laws.
Additionally, a criminal defense lawyer can assist you in mounting a legal defense against a charge. For instance, a defense attorney may assert that you accidentally set something on fire, or did not set a fire with the purpose of defrauding. To talk to an attorney today, call Law Office of Michael L. Fell at (949) 585-9055.