Arson Lawyer Winnipeg

What is Arson?

Arson is a serious offense that involves intentionally or recklessly causing harm or damage by fire or explosives. The court treats arson offenses with great gravity due to the unpredictable and destructive nature of fire, which can pose risks to human life and property. Even minor arson offenses can result in jail sentences.

There are five different types of arson offenses:

1. Intentionally or recklessly setting a fire that causes bodily harm or being reckless as to whether the property is inhabited.
2. Intentionally or recklessly setting fire that causes damage to another person’s property.
3. Intentionally or recklessly setting fire to your own property where the fire seriously threatens the health, safety, or property of another person.
4. Intentionally setting fire to your own property with the intent of committing fraud.
5. Recklessly letting a fire get out of control which causes bodily harm to another person.

Sentencing For Arson

The sentencing range for arson offenses varies widely depending on the circumstances of the offense. In minor cases, an offender may receive a suspended sentence, fines, or probation. However, for serious arson offenses involving injuries to others or substantial property damage, an offender could face a maximum jail sentence of 5 years, 14 years, or even life imprisonment. The court may also order the offender to pay compensation for the damage caused to the property.

It’s important to note that being found guilty of arson can have long-lasting consequences beyond the legal penalties. It can significantly impact your future employment opportunities and ability to travel. Many employers require a criminal record check as part of their hiring process, and having a record for arson may make you ineligible for employment due to issues with bonding. Additionally, entry into the United States may be refused by US Customs based on committing a crime of moral turpitude like arson, and obtaining a US Entry after such refusal can be a complex, expensive, and time-consuming process.

Defending Arson Charges

Defending against arson charges can be challenging as fire investigations are complex. Police often rely on officers with specialized training in forensic fire and explosive investigations to determine the cause of the fire, and these same officers may be called as expert witnesses by the prosecution. However, their techniques and findings can be challenged, as they are not always foolproof and may have flaws. In order to secure a conviction, the Crown needs to prove beyond a reasonable doubt that the fire was intentionally or recklessly started by the accused. As such, defenses such as claiming the fire was accidental can be raised, and a skilled defense lawyer will thoroughly examine all aspects of the case to determine the best possible defense strategy.

Related Arson Topics

1. The successful defence of Dallas Perreault – Fire Bombing Case.