Arson Defence Lawyer

The charge of arson involves using fire or explosion to intentionally or recklessly cause damage to someone else’s or your own property or structure or to cause someone else to suffer bodily harm. A conviction carries serious legal and social consequences that can alter the course of your future. If you or someone you care about is facing an arson charge, it’s time to reach out for the skilled legal representation of an experienced Ontario arson charges lawyer.

Arson is a serious criminal charge that involves serious risk to property and to the welfare of others. Arson charges break down into several basic categories that include the following:

• Arson with Disregard for Human Life – Arson with disregard for human life is the act of intentionally or recklessly causing a fire or explosion that puts others at risk of serious harm or death. This crime is an indictable offence that is punishable by a sentence of life imprisonment. 
• Arson Causing Damage to Property – Arson causing damage to property is the act of either intentionally or recklessly causing damage to a structure, dwelling, or another property. This charge is also an indictable offence that comes with a prison sentence of up to 14 years. 
• Arson Causing Damage to Own Property – Arson causing damage to own property is the act of causing damage to property the person owns themselves where the fire or explosion seriously threatens the health, safety, or property of another person, which carries a maximum penalty of up to 14 years in prison.
• Arson by Negligence – Arson by negligence refers to the crime of a property owner or manager who fails to follow the reasonable standards of care that other reasonably prudent property owners or managers would and causing property damage or bodily harm in the process. This is a hybrid charge that can be either a summary conviction or an indictable offence.
• Arson for Fraudulent Purposes – Arson for fraudulent purposes refers to causing a fire for the purpose of defrauding an insurance company or someone else for financial gain. The charge can be a summary conviction or an indictable offence, which carries a prison sentence of up to 10 years. 

If you’ve been charged with arson, don’t wait to consult with a seasoned arson charges lawyer.

The Criminal Code of Canada addresses the charge of arson – damage to property – in terms of the following key elements:

• The person charged was intentional or reckless in their actions.
• The person charged caused damage by use of fire or explosion.
• The damage caused was to a property not wholly owned by the person charged.

The charge is an indictable offence that carries a sentence of up to 14 years in prison.

Both mischief and arson relate to causing damage to property, but they are distinct charges.

A person commits mischief when they intentionally or recklessly cause damage to someone else’s property or interfere with its use. Mischief can be charged as either a summary conviction or as an indictable offence. If the amount of damage caused exceeds $5,000 or if the damaged property is of special significance, such as a war memorial, a conviction can carry very serious penalties. 

Arson also refers to intentionally or recklessly causing damage to someone else’s property, but it involves the use of fire or explosion – and the charge can apply even if the accused owns the property. Arson is an indictable offence.

The following arson charges are always indictable offences:

• Arson, disregard for human life
• Arson, damage to property
• Arson, damage to one’s own property

Arson for fraudulent purposes, however, is a hybrid criminal offence, which means it can be charged as either an indictable offence or as a summary conviction, The same is true of arson by negligence, which involves failing to employ the same care that a prudent person would. 

The circumstances involved in the case at hand are the deciding factors when it comes to whether the crime will be charged as a summary conviction or an indictable offence. 

In order to prove you guilty of arson involving bodily harm, the Crown prosecutor must prove each of the following beyond a reasonable doubt:

• That you were the person who started the fire or caused the explosion in question, or that you aided and/or abetted the person who started the fire.
• That you started the fire either intentionally or recklessly
• That you knew there was someone in the vicinity of the fire or explosion whom you put at risk of bodily harm

Arson involving bodily harm is an offence punishable by life imprisonment.

In order to find someone guilty beyond a reasonable doubt, their guilt must be proven beyond a reasonable doubt. According to the Supreme Court of Canada, this means is a doubt that’s based on reason and common sense which must logically be derived from the evidence or absence of evidence. Ultimately, the accused’s guilt must be more than probable. When there is reasonable doubt regarding guilt, the prosecution can’t convict. 

There is also, however, an arson defence that relates to honest belief. If the accused honestly believed the facts were such that they acted with legal justification, it can be an effective defence strategy.

In order for the charge of arson to hold, the accused must have had criminal or fraudulent intent – or must have acted with reckless disregard for human life or property. Accidentally starting a fire doesn’t include the intent required to be convicted of arson – although the charge of arson by negligence may apply. 

To be convicted of arson, the prosecution must prove that you intended to damage the property in question or that you were so reckless that you disregarded your legal responsibilities in relation to property owned by others. Intent is a primary element of an arson charge.

The charge of arson with disregard for human life is an indictable offence and liable to imprisonment for life. For the prosecution to convict someone of this very serious charge, both the following must apply:

• The defendant knew that the property was occupied or was reckless in relation to this information.
• The fire or explosion caused someone else to suffer bodily harm. 

A life sentence in Canada comes with the possibility of parole after a specific number of years have been served. The number of years is set by the sentencing judge – within the parameters set by the law. 

The charge of mischief applies to damaging someone else’s property or computer data, but if the damage is caused by fire or explosion, arson can apply. Damage to computer data can include any of the following:

• An act that destroys data completely
• An act that renders computer data meaningless, useless, or ineffective
• An act that alters computer data
• An act that obstructs, interferes with, or interrupts the lawful use of computer data

Denying someone access to computer data that they are entitled also suffices. 

Arson causing damage to property is an indictable offence that carries a sentence of up to 14 years in prison. If you’ve been accused of arson – of any kind – seeking the legal counsel of a dedicated arson charges lawyer sooner rather than later is always in your best interest.

Fraud arson relates to intentionally causing a fire in order to defraud the fire insurance company. Depending upon the circumstances and the amount of financial loss associated with the charge, it can be brought as either a summary or indictable offence. 

In order to bring your strongest defence, your savvy lawyer will gather and skillfully compile all the available evidence in their focused quest to either have the charge against you dropped, which is optimal, or to ultimately prove that one of the following elements doesn’t apply:

• That you started the fire in the first place
• That you had intent to defraud the insurance company

The unique circumstances of your fraud arson case will guide your defence strategy.

Every defendant’s defence strategy is specific to their unique case, but most fall into primary categories.

Just because you are charged with arson does not mean that you are guilty of the charge, and proving your guilt falls to the prosecutor. If they fail to prove each element of the crime levied against you beyond a reasonable doubt, you can’t be convicted.

Some fires are set purely by accident. If the Crown can not prove that you intended to cause damage or bodily harm, they are missing a primary element of the case against you. Proving a person’s intent – or their related thoughts – can be especially challenging. 

We are all afforded charger rights and freedoms, which include all the following:

• The right against unreasonable search and seizure
• The right not to be arbitrarily detained
• The right to be promptly informed regarding the reason for arrest
• The right to retain and speak with counsel without delay
• The right to a trial within a reasonable amount of time

If any of the evidence used against you was obtained by breaching your rights, it is inadmissible. 

If you can prove that you honestly believed in a state of facts that – if true – amounted to a legal justification for your act, it can prove to be a strong defence strategy. 

If you were intoxicated as a result of your involuntary consumption of alcohol or drugs – such as if you were drugged – it can negate the element of intent in relation to your actions. If, however, you were intoxicated due to intentionally consuming alcohol or drugs, this defence strategy won’t work. 

Your trusted lawyer will skillfully defend you in Ontario court, and the focused defence strategy employed is likely to include the presentation of a wide range of evidence. Evidence in arson cases tends to include the following:

• Statements made by witnesses who either heard or saw something relevant to the case
• The testimony of experts who specialize in matters related to fires or explosions
• Physical evidence gathered at the arson scene that supports either side’s account of the fire
• Documentation that supports or denies the credibility of the accused or of witnesses, which can be attacked during cross-examination
• Character witnesses who speak to the credibility of the accused

Your arson case will hinge on the available evidence.

Arson cases involve fire or explosion, and it can be exceptionally difficult to determine exactly how a fire was started, where it originated from, and the overall mechanics of the event. Ultimately, there is a good deal of exacting science involved, and expert witnesses are often called for their testimony. 

Expert witness often testify to matters like the following:

• An explanation of how the fire started or how it likely started
• An explanation of how the fire affected the property that was damaged or the person who was injured
• An explanation of how the fire caused so much destruction

Getting to the bottom of an arson case is technically challenging. Expert witnesses provide juries with important information that can help them reach verdicts that are based on the facts of the case.

To qualify as an expert witness, the person must have relevant expertise on the subject matter at hand as well as professional training in the field. They also need close working knowledge of the event in question – to a degree that the average person does not. 

The testimony of expert witnesses can play an important role in the outcome of your case. And your formidable arson charges lawyer has the experience and legal insight to hire those witnesses who bolster your defence.

The ultimate goal in your case is having the arson charge against you dropped. Barring this, however, your accomplished lawyer will engage in skilled negotiations with the prosecution in pursuit of a favorable plea deal. Plea deals generally include concessions like the following in exchange for pleading guilty to the crime in question:

• A reduced charge
• A reduced sentence

Your arson case is specific to the exact circumstances involved and will follow its own course. You and your knowledgeable lawyer will make the decisions that are appropriate for your case. This may mean striking a plea deal, but going to court may be the preferred path forward – depending on the situation. 

Sentencing for arson charges is harsh in Ontario. Consider the following basics:

• If you are convicted of arson, disregard for human life, it’s an indictable offence that carries a maximum prison sentence of life.
• If you are convicted of arson, damage to property, it’s an indictable offence that carries a maximum prison sentence of fourteen years.
• If you are convicted of arson for fraudulent purpose or arson by negligence, it’s a hybrid offence that – depending on the circumstances and the amount of damage caused – potentially carries a maximum sentence of fourteen years.

If you’re facing an arson charge, it’s too serious a matter to leave to chance. The outcome of your case is important to your future, and a capable arson charges lawyer can help. 

If you’re looking at an arson charge, addressing the issue head-on from the outset is critical. The first order of business is retaining a well respected Ontario arson charges lawyer who has reserves of experience handling challenging cases like yours. Building a solid defence in an arson case is not only legally complex but also requires skilled technical testimony. Having practiced legal representation in your corner can make an immense difference in how your case is resolved, which – in turn – can make an immense difference in your future.