Table of Contents
What are the effects of arson?
Imprisonment – an individual convicted of arson usually faces significant prison time, depending on the circumstances. Simple arson can result in up to 7 years in prison, while residential or aggravated arson may be punishable by up to 15 to 30 years, respectively.
What is arson and damage?
Criminal damage is the intentional and malicious damage to the home other property or vehicles and includes graffiti. Arson is the act of deliberately setting fire to property, including buildings and vehicles.
What are the 3 elements of arson?
It can be defined as the deliberate and malicious burning of property having three main elements. First, there has been a burning of property. Second, the burning is incendiary in origin, and finally, the burning was started with the intent of destroying the property.
What type of damage to a structure is required for arson?
In order to be convicted of arson, a defendant must have actually caused some damage to a dwelling, using fire. The damage does not have to be serious or extensive, but some part of the dwelling must have been charred by the flames. Scorching or discoloration by heat or smoke is not enough for an arson conviction.
What are the damages caused by fire?
Fatal heat levels are not the only danger of fire. During a home fire, there’s an increased level of carbon monoxide and carbon dioxide as well as damaging levels of chemical and thermal irritants. These irritants can permanently damage a person’s or animal’s respiratory system and cause death.
Can you damage your own property?
You cannot unlawfully damage your own property, but it can still be an offence to damage jointly owned property. So, a person who smashes up a family home in a fit of rage would very often be guilty of the offence of criminal damage.
What is the punishment for arson?
Arson is a serious crime that was punishable by death under the common law. Presently, it is classified as a felony under most statutes, punishable by either imprisonment or death. Many jurisdictions impose prison sentences commensurate with the seriousness of the criminal intent of the accused.
What are the legal ramifications of arson?
Arson. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor. The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.
What are the punishments for arson?
Arson Penalties A person who is charged with arson will face a Class 2 felony. The sentence and fine range depends on the different types of arson and the overall damage to property. The jail term for a crime relating to arson could range from 3- to 7-years or more and fines up to $25,000 and four years of probation.
What is the definition of property in arson?
In arson cases, property refers to personal or real property, which is tangible. The burnt property in arson should be a dwelling. This is a structure occupied by people whether or not it is occupied during the fire. The destruction or damage to this property may be permanent or a temporary reduction in its utility, value or functionality.
What happens if you get convicted of arson?
Only a few, however, consider an arson charge a severe crime even if it is categorized as a felony. A first-degree arson conviction, for instance, will attract an imprisonment term of up to 20 years. Anyone who willfully destroys someone else’s property using fire can be found guilty of arson.
Is the rate of arson increasing or decreasing?
The FBI’s statistics on the rate of arson offenses per 100,000 population also showed a decrease for structure fires, although the number of incendiary vehicle fires increased. As Table 1 shows, the incendiary and suspicious fire problem in structures, which is by far the largest component of property damage, decreased in 1996.
What are the different elements of arson and criminal damage?
This is the primary element that distinguishes arson from criminal damage. A burning comprises even slight damage resulting from charring, but mere smoke discoloration does not constitute arson. The alleged arsonist should also have set the fire directly to the property using matches, explosives or lighters.