Detroit Arson Lawyer

It’s Illegal to Willfully or Negligently Burn Another’s Woods or Fields

Michigan Penal Code 750.75 defines fourth-degree arson as the destruction by fire or explosion of property valued between $1,000 and $20,000. Fourth-degree arson will also apply when a person’s second offense involves property valued at more than $200. This section also makes it illegal to willfully or negligently set fire to the woods, prairies, or grounds of another person, or to allow a fire to pass through your property onto someone else’s. The penalty for committing fourth-degree arson is five years’ incarceration and an optional fine of $10,000 or three times the value of the property destroyed.

Fifth-degree arson, which is defined in Michigan Penal Code 750.77, applies when a person’s second arson offense results in the destruction of personal property valued at less than $1,000. This crime is a misdemeanor punishable by one year in prison and/or a fine of $1,000 or three times the value of the destroyed property—whichever is greater.

According to Michigan Penal Code 750.78, it’s illegal to willfully and maliciously burn any property valued at less than $1,000. The penalty for committing this misdemeanor may reach one year in prison and/or a fine of $2,000 or three times the value of the property destroyed. When the property is worth less than $200, however, the maximum sentence is 93 days in jail along with a fine between $500 and $600.

Crimes Related to Arson

Michigan Penal Code 750.79 concerns attempted arson or aiding and abetting arson. Depending on the suspect’s criminal record, and the value and nature of the property, facing attempted arson charges can still lead to significant jail time for arson, with penalties ranging from 93 days in jail or three times the value of the property.

Michigan Penal Code 750.76 defines the crime of arson of insured property, which applies when a person maliciously burns a dwelling, structure, or personal property with the intent of defrauding an insurer. When the destroyed property is a dwelling, the felony is punishable by a jail sentence of any length along with a fine of $20,000 or three times the value of the property destroyed—whichever is greater. For any other real property or building, the penalty is twenty years imprisonment and a fine of $20,000 or three times the value of the destroyed property. For personal property, the penalty is ten years of jail and a fine of $20,000 or three times the value of the destroyed property.

Learn How a Detroit Arson Lawyer Can Help

As you can see, the penalties for committing arson are stiff. If you’re facing arson charges, however, you may be able to avoid these penalties. Detroit property crimes lawyer Maurice Davis has experience working as both a criminal defense lawyer and a prosecutor, which has given him an excellent perspective on how prosecutors build their cases and where their weaknesses lie.

In defending against your arson charges, it may be possible to block the prosecution’s ability to use incriminating evidence against you when:

• The evidence resulted from an illegal search
• The evidence is your testimony obtained from an unconstitutional arrest, detention, or interrogation
• The use of the evidence is not permitted by the rules of evidence

The prosecutor might use witnesses to testify against you. Your Detroit arson lawyer can interview these witnesses. Your Detroit arson lawyer can interview these witnesses and then cross-examine them at trial to expose contradictions or gaps in their testimony. It may also be possible to demonstrate that the witness has no real knowledge of the case, or is unfit to testify.

The prosecution has the responsibility of proving beyond a reasonable doubt that you burned or attempted to burn the property. In addition, they must show that you did so willfully, negligently, or with criminal intent—depending on the charges. A skilled Michigan criminal defense attorney may be able to demonstrate to a jury that the prosecution’s version of events is dubious, that you did not act with the needed intent, and that it’s possible to explain that the fire occurred without your intervention.

If you’ve been charged with arson, you need to act fast to give yourself the best chance at defeating the charges. Michigan criminal defense attorney Maurice Davis of the Davis Law Group is available to give you a free and confidential consultation of your case today a (313) 818-3238.