There are many reasons why someone might decide to commit an act of arson. The most common is to collect insurance money, but there are also others, such as revenge, sabotage, concealing another crime, and even murder.
Whether or not the criminal act of arson is a felony depends on several factors, including what type of property was destroyed, how severe the damage was, and whether or not anyone was injured. A person who is charged with arson may be sent to jail or prison, ordered to pay fines and restitution, or both.
In order to be convicted of arson, there must be a willful intent to cause a fire and it must be malicious in nature. Malice does not necessarily mean ill will, but it must be intended to destroy or damage property.
The motive for the arson can also be a factor in determining the degree of severity and penalty. People who set fires for excitement, such as to get attention or to arouse sexual interest in a female, are often considered dangerous. This is because they are not likely to have a target and their actions may be random and unpredictable.
Some arsonists are also motivated by the need to appear as heroes and rescue endangered people. This is especially true if they are firefighters themselves.
A person who sets a fire for excitement is usually in search of some kind of recognition, and they will use any means available to them to achieve it. They might burn a house, a store, or even a government building to garner a sense of power or prestige in their personal lives.
These individuals often have personality disorders, such as emotional coldness and paranoia. They are also susceptible to extreme anger, depression, and an antisocial disregard for the safety of others.
If you have been charged with arson, it is important to understand that you can defend yourself with an affirmative defense. An affirmative defense is a legal argument that you did not commit a crime, and it can often be used to negotiate a reduced charge or non-criminal outcome.
For example, if you can show that the fire was caused by a faulty electrical system or was started accidentally, this can be a basis for an affirmative defense. If you can demonstrate that the fire was accidental, it will help you defend yourself against an arson charge.
Other defenses include being able to prove that you did not intend to cause the fire, or that the fire was not a result of malicious intent. This can be done with corroborating or circumstantial evidence, such as computer research on how to surreptitiously start a fire, an insurance-based motive, the existence of instrumentalities for arson in your garage, or witness testimony that you ran from the scene just before the fire began.
An arson conviction can lead to harsh penalties, but an experienced and knowledgeable lawyer can often obtain a favorable plea bargain. An attorney will also take into account the type of property that was damaged and the level of intent of the person charged with the crime.
