Although most fires are the result of negligence, old wiring, or simply accidental misfortune, a percentage of them are caused deliberately. The crime of intentionally starting a fire is called "Arson", and involves anyone who knowingly causes, procures, assists, counsels or creates a serious risk of harm to people or property via fire or explosion. The crime of arson is a serious one regardless of whether or not the intention is physical harm to another person, or if the fire involves a structure that isn't used for residential purposes.
1st Degree Arson
First degree arson involves injury or death and may result in a mandatory 20 year prison sentence, with a max of life imprisonment in addition to a $25000 fine. A death or injury is not required in order for a prosecution to charge you with 1st degree arson. Any person that commits arson of an occupied structure which has been inhabited within the past six months of the crime is guilty of arson in the first degree.
2nd Degree Arson
Second degree arson generally involves committing the act within an unoccupied building and doesn't not include death or injury to another individual. Second degree arson is still a very serious crime and may result in no less than five years imprisonment and $3,000-$25000 in fines.
Individuals convicted of Arson may not be subject to any minimum, mandatory sentences if it can be shown that substantial and compelling circumstances exist which justify a modification in sentence. This includes being able to demonstrate that a person is of exceptional character and background and fully cooperates with law enforcement authorities.
Have you been convicted of Arson?
Some states such as Rhode Island treat certain crimes very seriously, and will attempt to prosecute such cases with the most severe sentences possible. If you or a loved one has recently been arrested for Arson in The State of Rhode Island please contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a free consultation now.
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