Arson charges are serious matters in Washington State. A conviction can lead to prison time and substantial fines even if no one is hurt. You owe it to yourself to retain a top criminal defense lawyer. Steve Graham is a defense lawyer with an 86% "NOT GUILTY" Rate in criminal jury trials. Steve Graham was rated one of Spokane's top five criminal lawyers by the magazine Spokane - Couer d'Alene Living. Defense lawyer Steve Graham has handled multiple arson cases including one that was featured in the National Enquirer.
Arson in the First Degree
A charge of Arson in the First Degree is brought when a prosecuting attorney alleges that a person knowingly and maliciously: 1) causes a fire in a dwelling or residence, 2) starts a fire in a building that is occupied, 3) starts a fire and causes damage of a value in excess of $10,000 with the intent to collect the insurance proceeds, or 4) causes a fire that is manifestly dangerous to life. Arson in the First Degree is a class A felony meaning it is punishable by up to life in prison and a $50,000 fine. The standard range of punishment for a person convicted of First Degree Arson is 21 to 27 months in prison. Penalties can increase if the offense was coupled with other charges, or if there is a deadly weapon or firearm enhancement. Under Washington law, the State does not have to prove that a house was occupied at the time to have the structure count as a dwelling or residence. When courts consider whether a fire is “manifestly dangerous" to human life, they look at the presence of occupants, combustibility, and proximity to other structures. When considering risk to human life, the danger to firefighters is taken into consideration. Danger is not only measured by the actual harm done, but also by the potential for harm. In metropolitan areas, such as Spokane, a fire in one structure may quickly spread to an adjoining structures. Arson crimes are investigated by specially trained police detectives, the local fire department, and the State Fire Marshall. Investigators use chemical tests and other methods to locate the point of origin of a fire. These investigations often take many months to resolve. Prosecuting attorneys assist in the investigation by subpoenaing records or helping with search warrants. The motives in arson cases varies greatly. Some cases involve individuals with pyromania or other mental health issues. Pyromania is an impulse control disorder that is found mostly in males, and is often evident in the early teenage years. Arson is sometime committed in the context of domestic violence, or done in an attempt to destroy evidence of another crime.
Arson is sometimes done out of financial motivation, such as to collect insurance proceeds or to get out of oppressive mortgage terms. Such an offense is also sometimes charged as fraud.
Arson in the Second Degree
A charge of Second Degree Arson is brought when a prosecuting attorney alleges that a person knowingly and maliciously causes a fire or explosion which damages any building, wharf, machine, dock, engine, motor vehicle, boat, airplane, bridge, crop, timber, fence, or lumber. In rural counties such as Stevens County or Okanogan County, arson cases involving timber are fairly common. Arson Second Degree is a violent felony, but the standard range of punishment for a person with no criminal history is only 3-9 months. The maximum sentence is 10 years in prison and a $20,000 fine. The punishment or sentence for Second Degree Arson can increase if a person is armed with a deadly weapon or firearm. The crime of Arson is related to Reckless Burning.
Arson Defense Lawyer
If you are suspected of Arson it is important to contact a criminal defense attorney right away. You should not make any statement to the investigators or to the insurance company until you have spoken to a defense lawyer. People are often misquoted by investigators, and a criminal lawyer will make sure that your rights are upheld. When a prosecuting attorney is able to prove his or her case, it is usually due to a confession on the part of a suspect rather than any solid scientific proof.
Free Consultations:
If you want to discuss your arson case with me, please call. We do free consultations on criminal matters in eastern Washington. You will receive my honest opinion and I will listen to you and answer your questions. Call (509) 252-9167.
Areas where Mr. Graham practices: The Superior and District Courts of Spokane County, WA; Ferry County; Republic WA; Stevens County; Colville WA; Okanogan County; Lincoln County; Davenport WA; Cheney WA; Grant County; Moses Lake; Ephrata WA; Colfax WA, Pullman WA, Whitman County, Adams County; Ritzville WA; Newport, WA, and Pend Oreille County.