If You are Charged with Arson, Both the Prosecutor and Insurance Company Trying to Convict You
Call Schmierlaw for Experienced, Affordable and Aggressive Arson Defense.

Prosecutor's Take an Arson Charge Seriously....You should too

Arson Defense Attorney Schmierlaw will fight for you if you have been charged or arrested with Arson. We know you are facing severe penalties and if convicted, could spend many years in prison. That's why we aggressively fight for our clients by providing the best defense possible.

Just being reckless can result in a charge of Arson
Arson is willfully, wrongfully, and unjustifiably setting property on fire. Often time it is done to commit fraud on an insurance company. If the fire cause death, you can be charged with murder. A fire caused by accident or ordinary carelessness is not arson but if you were to burn something knowing you were next to an open can of gas and a there was a fire that burned down your neighbor's house and killed his three children, you just might be charged with arson.

The Insurance Company wants to Convict You Too
Arson crimes are generally well prosecuted because, in addition to the prosecutor and police, insurance companies will often have their own investigators working to convict you to avoid paying off the insurance policy. If the insurance company can prove that you had something to do with the fire, they don't have to pay off. It's in their best interest for the prosecutor to bring charges against you and get a conviction for arson or criminal negligence.



For Arson, the Prosecutor Must Prove Beyond a Reasonable Doubt

(1) The Defendant burned, damaged, or destroyed by fire or explosive property, no matter how small.

(2) At the time of the burning, damaging, or destroying, the property was any property, even if the Defendant did not own the property.
(3) That when the Defendant burned, damaged, or destroyed it, the property had a fair market value of: (The greater the value of the property the more serious the charge,-first, second, or third degree arson)
(4) That when the Defendant committed this act they intended to damage the property or created a very high risk of damaging the property and should have known of that risk.

If You are charged with Arson, the Prosecutor Must Prove Beyond a Reasonable Doubt

Guilty of burning property

First, that the Defendant burned, damaged, or destroyed by fire or explosive property, no matter how small.
Defendant may have damaged own property

Second, that at the time of the burning, damaging, or destroying, the property that was damaged was any property, regardless of whether the Defendant owned the property.
The property had value was worth something

Third, that when the Defendant damaged the property, it had a fair market value of: (The greater the value of the property, the greater the charge, first , second, or third degree arson)
Defendant intended to damage the  property or should have known the risk

Fourth, that when the Defendant committed this act they intended to damage the property or created a very high risk of damaging the property and should have known of that risk.

Penalties if You are Convicted of Arson

If you are convicted of Arson, depending on the value the property, whether there were injuries, whether the property was insured, and prior criminal history, you could face up to life in prison. With penalties like that, you need an experienced Arson Defense Attorney to protect your rights and freedom.


For the Best Criminal Defense Possible
Contact Schmierlaw for an Initial No-Cost Consultation

Contact Us for an Initial No-cost Consultation

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com