King County Arson Defense Lawyers
Arson and Reckless Burning Defense
To be accused of arson in Washington state, based on the Uniform Crime Reporting Program, one must be suspected of "willfully or maliciously" burning or attempting to burn property, which includes a house, motor vehicle, aircraft, dwelling, public building, or personal property of another kind. A person whose valuable property has just been destroyed is often quick to point the finger at another when there is great possibility that the fire was caused by the property owner’s negligence, taking the form of either a defective product being installed on the property by the owner or a lack of preventative maintenance, such as the installation of fire alarms, having transpired.
First Degree Arson
Charges for those accused of arson in Washington State depend on a variety of factors. According to Washington legislation, a person is guilty of arson in the first degree, a class A felony, if "he or she knowingly and maliciously:
Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
Causes a fire or explosion which damages a dwelling; or
Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds." (RCW 9A.48.020)
Second Degree Arson
A second degree arson conviction in Washington is a class B felony and is determined if an individual "knowingly and maliciously
Causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property." (RCW 9A.48.030)
Reckless Burning
In the event that property is destroyed by a fire, an individual may face charges of reckless burning, which is a class C felony if someone "recklessly damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion" (RCW 9A.48.040). Furthermore, a gross misdemeanor in the second degree will be charged if a person "knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage." (RCW 9A.48.050)
Arson Defense
When it comes to an alleged arson crime, it takes a skilled Washington arson defense attorney to ensure that evidence used against the accused is in fact representative of the preserved scene of a fire or explosion. If you have an existing criminal history, you will need a qualified lawyer on your side who can mount a strong defense on your behalf to help dismiss the charges being held against you, or at least get the charges reduced. The stakes for your future are even higher if you are accused of an arson crime that resulted in the death of an individual or group of people.
At the Seattle criminal defense law firm of McNeese & Trotsky, PLLC, we have the experience and resources to investigate your arson crimes case to ensure that your rights are protected and were not violated during your arrest and interrogation procedure. Contact us today for free evaluation of your case.