Johnson County Criminal Defense Attorney
When you are accused of intentionally causing a damaging fire or explosion,
you face the risk of an arson conviction, which could lead to serious
penalties. If the fire related to your charges occurred when a person
was present or led to the injuries of others, those penalties can become
even more severe. Even if you did not intentionally start a damaging fire
or explosion, you can be charged with arson if is believed that you acted
with reckless behavior that led to the incident. In the state of Kansas,
arson is considered a very serious property crime, so prosecutors will
not approach the matter lightly.
Arson offenses involving structures made up 45.9 percent of all arsons
for the year of 2011 that were fully reported to the FBI by law enforcement
agencies, according to the FBI's
Uniform Crime Reports Arsons involving mobile property made up 23.9 percent, while arsons of
other types of property made up 30.2 percent. The average amount of financial
loss per arson was $13,196.
Whether you are falsely accused or simply made a mistake, you will need
a knowledgeable attorney to advocate for you in court. Even if there appears
to be evidence that proves your guilt, there is still a chance that a
criminal defense attorney can help you refute that evidence.
What are Kansas State laws regarding arson?
In the state of Kansas, arson is defined as knowingly damaging property
through a fire or an explosive, according to
Kansas Statute §21-5812 There are various different scenarios of arson that the law addresses.
Whether the incident led to damage of a residential structure, or some
other type of building or property, it is considered arson in the following
- When person who owns or has interest in the property did not give consent
for the damage done
- When the damage was carried out with the purpose of injuring or defrauding
the insurer or lienholder of the property
- When the damage was done accidentally as a result of illegally making,
or attempting to make, any controlled substance, including those intended
for human consumption
In cases in which the individual is accused of causing the fire for insurance
fraud the damage could be done to the suspected offender's own property
or the property of another person. In these cases, prosecutors will try
to show that the accused individual set the fire or explosion for his
or her own financial gain, such as in order to collect insurance benefits.
Different Types of Arson Felonies
When arson leads to the damage of a person's dwelling, it is a severity
level 6 person felony. When it leads to damage of a building or property
that is not considered a dwelling, it is a severity level 7 non-person
felony. Arson becomes a severity level 7 person felony when it involves
the manufacturing of controlled substances.
Whatever the situation is that led to your arson charges, you should seek
a legal counsel immediately so you can be sure to have ample time for
the preparation of your defense. A skilled Johnson County
criminal defense attorney might be able to prove that you did not commit reckless or intentional
arson or that there is not enough evidence to convict you. If a conviction
is inevitable, there might be a chance to lessen the severity of your
Contact an Olathe Criminal Defense Attorney from Our Firm
You should not try to take matters into your own hands. Instead, contact
a Johnson County criminal lawyer from Martin & Wallentine, LLC for
a chance of having your case represented by an experienced attorney who
will aggressively push for positive results in your case. We know how
to handle arson cases, as well as cases related to many other criminal
contacting our office, you can schedule a time to meet with one of our attorneys for a free