Are you being charged with arson?
An arson case is a very serious one, especially if you’re the one setting fires in your community or area. And in most cases, it’s not a prank since it puts highly populated areas in danger.
But if you’re innocent, it’s to your benefit to know as much as you can about arson cases and the law. The more information you have, the better you’re prepared to face and beat this charge.
Here’s a guide on how to beat an arson charge.
Table of Contents
Hire a Fire Investigator
A fire investigator is a forensic scientist that specializes in investigating the origin and cause of fires. They worked to establish if a fire was naturally caused or if it was intentional arson. They will use their expertise and training to examine the scene of the fire, collect evidence and examine the debris to determine the cause.
Their ultimate aim is to determine if the fire was accidental, natural, or caused by a person. The fire investigator’s report and testimony can often be the deciding factor when arson is suspected. Thus, hiring a fire investigator is the best option to beat an arson charge.
Inaccurate Science Argument
In cases of arson, it is essential that inaccurate science not be used as evidence in the prosecution of the individual suspected of the crime. Scientific evidence used during a trial must be evaluated to ensure that it is accurate. You should visit price-law-firm.com to find your expert to dispute the science in court and make sure the jury is educated on all the facts.
Lack of Intent
The intent is a key factor in these proceedings as it is what determines if the fire was started or not. This can be a difficult obstacle to overcome, since the burden of proof is on the defendant to prove they did not set the fire. In many instances, circumstantial evidence can be used to show a lack of intent.
For example, the absence of accelerants such as gasoline, the fire starting in an area considered unlikely for the deliberate crime of arson, or no history of prior incendiary behavior by the defendant can state there was no malice intended.
It must be proven that the person accused of arson suffers from a mental illness or defect that caused them to be unable to understand the wrongfulness of their actions or to control their behavior. It is the burden of the defendant to provide clear and convincing evidence that the accused is mentally impaired and that they lack the mental capacity to comprehend the consequences or the wrongfulness of their actions.
Consequently, the defendant must be able to prove that the mental impairment caused by a mental illness or defect affected the person’s behavior in such a way as to lead to the criminal act of arson.
Ways to Beat Arson Charge
Although there are defenses against arson that may help someone facing an arson charge, the prevalence of strong evidence that can be used to convict an individual makes it very difficult. Legal experts recommend that anyone charged with arson seek the guidance of an experienced criminal defense lawyer to evaluate the evidence and vigorously defend their case.
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