Arson

Arson is a serious crime, and so are the penalties resulting from a conviction. Basically, it’s illegal to maliciously burn any type of property—land, houses, buildings, furniture, and even motor vehicles. The penalties range from a few months in jail to a possible life sentence when peoples’ lives are put at risk. We at Davis Law Group have years of experience helping our clients through Michigan’s criminal justice system, and we can help you fight your arson charges. A Detroit arson lawyer can defend your rights in a troubling situation such as this.

Offenses

Arson charges are separated by three tiers, which vary in degrees of punishment. First degree is the most serious, and third degree is less serious. No matter what degree of arson you are charged with, you face serious penalties and need to assistance of ZAYID LAW to help you defend your case.

First Degree: The willful or malicious burning of any of the following or its contents:

  • Any multi-unit structure in which at least one unit is a dwelling
  • Any building or structure – if the fire results in an injury
  • A mine

The issue of the property or structure’s ownership or whether it was occupied does not affect a prosecutor’s ability to charge you with the first-degree arson.

MPC 750.72

Second Degree: The burning of any dwelling or its contents—except for multi-unit dwellings, which come under first-degree arson.

MPC 750.73

Third Degree: Burning any structure or the contents of any structure not included in the definitions for first or second-degree arson.

  • Example: Burning down a building but no one gets injured.

You may also be charged with third-degree arson if you destroy personal or real property worth more than $20,000. For second offenders, charges may apply when the value of the property is only $1,000.

MPC 750.74

Penalties

  • First Degree: Felony
    • Up to life life imprisonment
    • Fines up to $20,000, or 3 times the value of the property destroyed—whichever is greater.

Second Degree: Felony

  • Up to 20 years imprisonment
  • Optional fine of $20,000 or 3 times the value of the property destroyed.

Third Degree: Felony

  • Up to 10 years in prison
  • Optional fine of $20,000, or 3 times the value of the property destroyed.

Insurance Motivated Arson

Arson is a common crime related to insurance agreements and insured property. Michigan law addresses defines the crime of arson of insured property a person who willfully or maliciously burns or destroys by fire a dwelling, building, or personal property with the intent of defrauding an insurer. The penalties for this crime depends on the type of property that was destroyed:

  • Dwelling (home): Felony
    • Up to life in prison
    • Fines up to $20,000 or 3 times the value of the property destroyed—whichever is greater.
  • Other Real Property or Building: Felony
    • Up to 20 years in prison
    • Fines up to $20,000 or 3 times the value of the destroyed property.
  • Personal Property: Felony
    • Up to ten years in prison
    • Fines up to $20,000 or 3 times the value of the destroyed property.

MPC 750.76.

ZAYID LAW’S Defense to Arson

Arson charges almost always come with the risk of a felony conviction, and a felony can have damaging effects on your personal and professional life. I understand what is at stake and will work tirelessly to defend you every step of the way. I have developed unique and effective defense strategies to mitigate the charges and help clients obtain the best possible outcome. Some of the defense strategies I use include:

  • Understandably, victims and eyewitnesses of arson are under distress and sometimes do not accurately depict the perpetrator.
  • Objecting to evidence illegally obtained, be it through a warrantless search, invalid search warrant, or improper confession

The prosecution has the burden of proving beyond a reasonable doubt every element of the arson crime. Often times this requires eyewitness testimony and other documentary evidence that I have experience calling into question and creating doubt in the prosecutor’s story. The sooner you contact me, the sooner I can aggressively defend you and build a winning defense strategy.