In the past, arson referred to the crime of burning someone else’s home or property while the structure was occupied. It was intended to protect the lives of anyone who happened to be inside the burning structure. However, the modern definition of arson is quite different. Today, the property being burned no longer has to be a home with people inside. It doesn’t even need to be a structure. Burning another’s land, vehicle, or other personal property without their permission is an act of arson.
To prove arson, the prosecution must be able to show that you intended to burn the property, and that you acted without permission. Intention is important, because accidentally burning someone else’s property does not constitute arson. If you purposefully set fire to a neighbor’s fields, this is arson. If the fire was accidental, it is not. In some cases, reckless behavior that results in the burning of another’s property may lead to arson charges.
You can also be charged with arson for setting fire to your own property, but only under certain circumstances. The act must be committed for fraudulent purposes. If you purposely burn down a dilapidated shed on your property, this is not arson. But if you burn down your garage to collect insurance funds, this is arson. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with arson or any other crime.
Penalties for Arson in MA
As with any crime, the penalties for arson are largely dependent on the severity of the crime, and prior criminal history. Arson can be a misdemeanor or a felony, depending on several factors. Felony arson generally involves setting fire to a home or dwelling while people are inside. If convicted of arson in MA, you may be facing:
- Up to one year in jail, for misdemeanor offenses.
- A prison sentence of between one and 20 years, for felony convictions.
- Up to life in prison, if the crime was intended to kill or harm occupants of a dwelling.
- Fines of between a few thousand dollars and fifty-thousand dollars, or more.
- Restitution (a financial payment intended to compensate victims for any damages suffered).
- A probation sentence of at least 12 months, and up to five years.
Section 111A of Massachusetts General Laws Chapter 266 holds that:
Anyone who intends to injure, defraud or deceive any insurance company shall be punished with a prison sentence of not more than five years, or by imprisonment in jail for not less than six months and not more than two-and-a-half years, or by a fine of at least $500 and not more than $10,000. A MA defense attorney can help you determine how to proceed if you’ve been charged with arson.
Possible Arson Defenses
In order to convict someone of arson, he or she must have had the intent to burn another’s property. Outright denying that you caused the fire can be challenging with today’s sophisticated fire investigation technology. But denying that your intent was malicious is another story entirely. If the fire was an accident and you never intended to harm another person – or their property – a knowledgeable arson defense attorney may be able to get your sentence reduced, or dismissed altogether.
Altman & Altman, LLP – Boston’s Premier Criminal Defense Law Firm
If you have been charged with arson or any other criminal offense, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of individuals charged with crimes for more than 50 years. Our experienced, knowledgeable attorneys will be by your side throughout the entire process. We will fight tirelessly to protect your rights, reputation, and freedom. Don’t go through this challenging time alone. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.