Quincy Arson Attorney
Facing Arson Charges in Norfolk County?
If a person willfully sets fire to a building or property, that individual when identified by law enforcement, will be charged with arson. The definition of arson as it applies to Massachusetts law can be found in Section 1 of Chapter 266 He can be fined as well as jailed or sent to prison, depending on the circumstances. Motive is also an important consideration. If arson was committed for the purpose of collecting insurance money, then the defendant can additionally be charged with insurance fraud.
If you are charged with arson or being investigated for arson, it is imperative to contact a Weymouth arson defense lawyer as soon as possible. Law enforcement will aggressively investigate and prosecute instances of arson. You need an attorney who has an arsenal of resources for handling such cases.
What Are the Penalties for Arson?
- A prison term could be up to 20 years for burning a dwelling and up to 10 years for a building.
- Depending on the specifics of the case, arson can be a misdemeanor or a felony.
The penalties are greater for willfully burning a dwelling than another structure, such as a church, school, lumberyard, or a building for public use, among others. Dwellings include apartment houses, hotels, boarding houses, dormitories, institutions, hospitals, and sanatoriums; these are structures where people reside.
Some of the factors that weigh in on the severity of the case include whether the person charged has a criminal history, the amount of damage, whether any person was killed or injured, and motive.
For a prosecutor to successfully convict a person accused of committing arson, it must be proven beyond a reasonable doubt that the person did in fact cause the fire and did so willfully or with malice. The person charged does not have to be the actual person who set the fire, but if it is proven that there was involvement in assisting another to commit the crime, charges can be filed.
Insurance companies are usually very aggressive in investigating fires, as they want to avoid paying claims if they can help prove that the fire was in fact the result of arson. They work closely with law enforcement. Your criminal defense case could not be a more critical issue if you are charged with committing arson.
Quite often the evidence presented is circumstantial, as the fire usually destroys most of the evidence. Therefore, the prosecution may rely heavily on the testimony of expert witnesses. Serious charges of arson require the experience and tenacity of our criminal defense law firm to match or exceed those resources of the insurance companies and law enforcement.
What Evidence Is Used in an Arson Case?
An investigation might include, but would not be limited to, researching reports from insurance companies to determine the condition of the structure prior to the fire and interviewing witnesses. When did the witness first notice the fire – at the beginning, or after it had incurred most of its damage? What kind of evidence is there showing how the fire started? Is there evidence indicating that accelerants were used? Were the same substances found in the home of the defendant?
Is Arson a Criminal Act if You Own the Property That You Burned?
If you own the property that you burned, is only considered arson if you planned to commit fraud with the act. You could be convicted of insurance fraud if you set fire to your car, home, and other forms of property with the sole purpose of collecting money from your insurance company.
Contact Our Attorney for Experienced Arson Defense.
Those are just some of the important reasons to contact our firm, Flanagan & Associates, in Quincy if you are charged with arson. You need a powerful criminal defense. Our Quincy attorney carefully reviews and investigate arson cases aggressively in order to provide you with the best defense possible as well as protect your rights.
How We Can Help
- Attorney Dave Flanagan has a great deal of understanding about how arson is investigated, what insurance companies will do, and what are the alternatives to arson that could have led to the fire.
- Not only do we fight for your rights, we are there to support you throughout every part of this very difficult time.
- You need to ensure you are extremely confident in your Quincy arson attorney.
It is very frightening to be accused of such a crime and face the possibility of many long years in state or federal prison.
Dave Flanagan is trusted, experienced, and highly committed to his clients. Call today or submit our online contact form.
“Dave cares about every client and will cut no corners to get you what you deserve!”- Richard
“They are trustworthy and will keep your best interests in mind at all times.”- Kevin
“Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.”- Joe