Arson Criminal Defense Attorneys, Brockton, MA
If you are convicted of arson in Massachusetts you could be facing up to twenty years in prison.
The willful and malicious setting fire of or burning of a home or building of another is Arson. Punishment, if convicted varies depending on what type of property was involved. If the property was a home or dwelling than a guilty verdict could result in a prison term of up to twenty years. If you set fire to collect from an insurance company, you may also be charged with Fire Insurance Fraud.
Whoever wilfully and maliciously sets fire to, burns, or causes to be burned, or whoever aids, the burning of, a dwelling house, or a building adjoining or adjacent to a dwelling house, regardless of whether the building is occupied or unoccupied and regardless of whether it is his property or that of another will be guilty of arson.
Getting a Conviction of Arson
The prosecutor must prove the following to obtain a conviction for arson:
- The defendant burned a building or caused a building to burn by setting fire to it. Some sort of charring has to been shown as the physical structure itself doesn’t have to ignite. However, mere smoke damage may prove to insufficient;
- The building was a dwelling house or a building whose burning resulted in a dwelling house. A “dwelling house” includes all buildings used as dwellings such as apartment houses, tenement houses, hotels, boarding houses, dormitories, hospitals, institutions, or other buildings where persons are domiciled.
- That the defendant acted willfully and maliciously.
Willfulness and malice are required to constitute the state of mind necessary to commit arson. Willfully means that the act was intentional and by design, rather than an act that is thoughtless or accidental. A person acting willfully intends both his conduct and the resulting harm.
Malice May Be Implied
The malice which the government must prove need not be express, it may be implied; it need not take the form of malevolence or ill will, but it is sufficient if one deliberately and without justification or excuse sets out to burn the dwelling house or property of another.
You should contact a Massachusetts Arson Defense Attorney immediately if you have been charged, arrested or are facing an investigation regarding a Arson. Attorney Noonan has 30 years of legal and trial experience. As a assistant district attorney and a defense attorney, Mr. Noonan has argued arson cases on both sides. Having prosecuted arson crimes, Mr. Noonan knows the strategies and tactics employed by law enforcement officials. Attorney Noonan’s knowledge and skill along with the dedication and hands-on personalized attention he will give to your case our will goes a long way in relieving the stress and worrying that comes with these charges.
Free Consultation • Experienced Boston Arson Defense Attorneys
No matter where you are located, we are just a phone call away. Call The Law Offices of Gerald J. Noonan today to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
If you have been charged with an assault crime, domestic assault and battery charges, or any violent crime, we want to hear your side of the story. Call our Massachusetts law offices today at (508) 588-0422 for your free legal consultation.
Our Massachusetts arson crimes attorney represents residents of Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Scituate, Hanover, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Kingston, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Dartmouth, Westport, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Falmouth, Barnstable.