The police and fire departments will be visiting a suburban neighborhood twice in one day. Two 9-year old boys are playing "cops and robbers" inside their next door neighbor's storage shed and accidentally set it on fire. A couple of blocks down the street, a 36-year man is suspicious of the close relationship of his wife and a male neighbor. Later that night, he watches his wife leave their home and enter the neighbor's house. He follows his wife and sets the neighbor's house on fire with both of them inside while laughing to himself in revenge. Which of these fictional incidents constitutes arson? Who needs to seek professional help and contact a criminal defense attorney for legal advice?
In order for a fire to be considered arson in Massachusetts, it must reveal three key elements. First, it must be established that a person set fire to or burned someone else's property. The building does not necessarily have to be completely burned down, but sufficient evidence needs to prove a fire took place on the property. Second, the building must be considered a dwelling or a place where people lived or resided. This could include a house, apartment, dormitory, hospital or boarding house. You can be charged with arson even though no one was inside the dwelling at the time of the fire. Third, the person must act willfully and maliciously, which means acting with an intentionally evil or unlawful motive that causes harm or injury. The perpetrator must receive personal satisfaction or revenge from setting the fire. You cannot be charged with arson if you accidentally set someone else's property on fire. A criminal defense attorney can help you better understand the arson laws that impact your case.
In recent years, arson laws have broadened to include not just places of dwelling, but also land, forestry, commercial property, or any structure. You can be charged with arson if you intentionally set fire to your own home or property for fraudulent insurance purposes. Arson is sometimes classified as a felony because arson has the potential to cause serious injury or death to the victims. There are different degrees of arson and each degree carries a different punishment. Setting fire to an old abandoned dwelling carries a lesser degree than burning up a school or church. A higher degree of arson produces a harsher punishment. If the incident caused death to the victim, then arson would result in a homicide charge. In Massachusetts, if one is convicted of arson, he or she can serve up to 20 years in prison. Therefore, if you are contemplating setting fire to your neighbor's home, you should think twice before your do so. There could be dire consequences for your misdeed.
Get Legal Help
If you have been charged with committing arson or accused of destroying someone else's property, the consequences can be severe. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or clear your name. He cares about you and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.