Arson is a serious crime, and a conviction can result in up to twenty years in prison. If you have been charged with arson, you have been accused of burning or setting fire to a building or causing a building to be burned. The prosecutor is required to prove that some part of the building was burned, but not that the building was completely burned or consumed in its entirety. You can be convicted of arson regardless of whether the building was your property or that of someone else and regardless of whether or not the building was occupied. You can be convicted of arson if you helped or secured another person to commit the crime. Thus, you can be convicted even if you did not directly participate.

Accidentally burning or setting fire to a building or causing a building to be burned is not arson. The prosecutor must prove that you acted willfully or maliciously. The prosecutor is not required to prove that you acted with cruelty or hostility towards the building’s owner, but he or she must prove that all of the acts were done with an evil or wrong purpose or disposition.

Proof of arson is frequently based on circumstantial evidence because fire naturally consumes most of the evidence in its path. For example, evidence that you were in the building shortly before the fire may be sufficient to prove that you set the fire. Arson cases often center on the testimony of competing expert witnesses. These cases carry a high risk of miscarriage of justice because powerful insurance companies are financially motivated to find arson in order to avoid paying claims.

District attorneys vigorously prosecute arson because it is a dangerous and violent offense, and given the severity of the potential punishment, it is essential that you immediately contact an experienced and aggressive criminal defense attorney if you are charged with this crime. Kathleen M. McCarthy has more than 20 years experience providing clients with the hard-hitting defense that they need. She has can easily access and engage a fire expert whose investigation will be critical to proving your innocence. If you or a loved one has been charged with arson or any other crime in Massachusetts, call Attorney McCarthy now at 978-975-8060 or click here to send an e-mail. She will respond quickly, and she will tirelessly investigate and prepare your defense as soon as you hire her. Do not wait.