How To Fight Felony Arson Charges
Torrance Criminal Defense Lawyers Explain Three Felony Arson Defenses
Without a doubt, felony arson is an extremely serious charge that has equally serious consequences. As a result, Torrance criminal defense lawyers are best equipped to handle these types of cases on your behalf. Some of the common defenses to felony arson charges that Torrance criminal defense attorneys utilize include:
Witnesses incorrectly identified you.
If a witness claimed to have seen you committing arson, there of course is the possibility that the witness was mistaken. For instance, the witness could have seen a person who resembles you and/or you may have a very common make of car. In addition, the witness could have been involved with the arson somehow and thus trying to cover up that information by incorrectly identifying you as the culprit. In order to prove that the witness is incorrect, your lawyer can convince the jury or judge of your alibi for the time that the arson was being committed.
There is insufficient direct evidence.
Direct evidence proves a fact, whereas circumstantial evidence just indirectly infers a fact. As most arson investigations usually involve circumstantial evidence and not direct evidence, the argument can be made that there is not enough evidence to determine your guilt.
Evidence is usually destroyed in arson cases, and individuals do not usually witness these types of crimes. Therefore, it can be tough for the prosecutors to definitively prove that you were involved.
The fire was caused accidentally.
If you caused the fire, but not intentionally, you cannot be convicted of a felony arson charge. The prosecution must prove that you acted either recklessly or maliciously in order to be convicted of a felony arson charge. In addition, if evidence proves that the fire occurred accidentally, then there is a possibility that the arson charges can be dismissed altogether.
Have you or someone you know been arrested for arson? Contact Ernenwein & Mathes, LLP, to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.