Being charged with arson in Dayton, OH, can be an overwhelming and frightening experience. The immediate and long-term legal consequences can be severe, including large fines and significant prison time. Our team of criminal defense lawyers understand the complexities of Dayton’s legal system and we are committed to protecting your rights every step of the way.
If you’re facing arson charges, we’re here for you. Our Dayton arson lawyers have 100 years of combined experience, and our team includes former prosecutors and police officers. We know how the other side thinks, and we’ll use our inside knowledge to benefit your case every step of the way.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help if You’re Arrested for Arson in Dayton, Ohio
If you’re a defendant facing arson charges, one of the most important things you can do is reach out for legal help. The prosecution already believes you are guilty, but an experienced Dayton criminal defense lawyer can help you level the playing field. Look no further than our award-winning attorneys with Suhre & Associates.
Here’s how our team can help you:
- Our attorneys will conduct a detailed investigation of the arson incident, gathering crucial evidence and interviewing witnesses to uncover any inconsistencies or factors that could support your defense.
- Our team will negotiate with prosecutors on your behalf to seek dismissed or reduced charges, aiming to minimize the legal consequences you face.
- From pre-trial motions to trial advocacy, we represent you passionately in court, ensuring that your case is presented effectively.
Learn more about your legal rights when you contact our law offices in Dayton, Ohio, today for a free consultation.
Overview of Arson Charges in Ohio
Under Ohio law, arson is defined as the intentional act of starting a fire or creating an explosion that poses significant risks and causes damage. This can include setting a fire that threatens another person’s property without their consent, damaging property with the intent to defraud, or endangering government buildings.
Additionally, arson can involve hiring someone to ignite a fire for fraudulent purposes or igniting areas that could lead to brush fires or wildfires. To convict someone of arson, the prosecutor must prove that the act was done knowingly or with fraudulent intent, rather than simply that a fire was started.
Aggravated Arson in Ohio
Aggravated arson is considered a more serious offense and involves setting a fire that creates a substantial risk of harm to individuals or results in damage to an occupied structure. This also includes scenarios where a person pays someone else to start a fire with the intent to cause harm. In cases of aggravated arson, the prosecutor must establish that the fire or explosion was caused knowingly.
What Are the Penalties for Arson in Dayton, Ohio?
In Ohio, arson penalties vary based on the extent of property damage and the intent behind the act. It is considered a first-degree misdemeanor when property damage is under $500, carrying a maximum fine of $1,000 and up to 180 days in jail.
If the property damage exceeds $500 or if the arson is committed with the intent to defraud, the charge escalates to a fourth-degree felony, carrying 6 to 18 months in prison and fines up to $5,000.
For cases involving arson for hire, the offense is classified as a third-degree felony, which can result in up to 5 years in prison and a $10,000 fine.
Penalties for Aggravated Arson in Ohio
Aggravated arson involves more serious circumstances and carries harsher penalties. Burning an occupied building is considered a second-degree felony, carrying 2 to 8 years in prison and fines up to $15,000.
The most severe form, aggravated arson for hire or causing a substantial risk of physical harm, is classified as a first-degree felony, with penalties ranging from 3 to 11 years in prison.
If you’re charged with arson, it’s important to contact a criminal defense lawyer as soon as possible to try to avoid these harsh penalties.
What Defenses Can Be Raised if I’m Arrested for Arson in Dayton, OH?
Being arrested for arson is a serious matter, but there are several defenses that might apply depending on the circumstances of your case. Some of the most common include the following:
Accident
Sometimes, what appears to be arson may actually be an accidental fire. If you can demonstrate that the fire was unintentional and resulted from an unforeseen event, this can serve as a strong defense. Providing evidence like expert testimonies or accident reports can help prove that you did not intentionally start the fire.
Mistaken Identity
In some cases, you might be wrongly identified as the person responsible for starting the fire. Mistaken identity can occur due to faulty eyewitness accounts or investigative mistakes. Presenting evidence that shows you were not at the scene or that someone else had the opportunity to commit the act can help clear your name.
Consent
Consent can be a defense if the fire was set with the permission of the property owner or another authorized individual. For example, if you were asked to help clear debris by burning it and had explicit permission to do so, this can negate the intent required for an arson charge
Rights Violations
If your constitutional rights were violated during the investigation or arrest process, this can be used as a defense against arson charges. Examples include unlawful searches, improper handling of evidence, or coerced confessions. Demonstrating that law enforcement did not follow legal procedures can lead to evidence being excluded and potentially charges being dismissed.
No Substantial Risk of Harm (for Aggravated Arson)
For aggravated arson charges, one possible defense is demonstrating that the fire did not pose a substantial risk of harm to others. If you can show that the fire was controlled, confined, and unlikely to cause significant damage or injury, this can reduce the severity of the charges.
Understanding these defenses is essential if you’re facing arson charges. Consulting with an experienced attorney can help you determine which defenses are most applicable to your case.
Facing arson charges in Ohio is a serious and challenging experience that requires expert legal guidance. Our legal team is dedicated to protecting your rights and building a strong defense on your behalf. With our deep understanding of Ohio’s arson laws and extensive experience in criminal defense, we have the knowledge and skill to obtain the best possible outcome for your case.
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