Arson Lawyers Calgary: Beat The Charge
If you are facing arson charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible. A conviction on arson charges can carry serious penalties including expensive fines and jail time.
In Canada, arson is a crime that involves deliberately setting fires or causing damage by fire.
The most serious type of arson is when someone sets a fire that could hurt or kill people. This is an indictable offence, which means it carries a maximum life sentence. Arson causing damage to property is also an indictable offence with a maximum penalty of 14 years imprisonment.
Arson for fraudulent purposes (such as insurance fraud) carries a maximum sentence of 10 years’ imprisonment as an indictable offence. Arson for criminal purposes carries a maximum of 14 years imprisonment. Starting a fire to help commit another crime can also result in up to 14 years in prison.
If someone carelessly starts a fire, this is treated differently. This is called a hybrid offence, which means the court can treat it as either very serious or less serious. If it is treated as very serious, the maximum prison time is 5 years. If it is treated as less serious, the person could go to jail for up to 2 years and pay a fine of up to $5,000.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of arson beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a criminal defence lawyer today by calling (403) 719-6410.
Our Arson Lawyers
Key Takeaways
- Arson is a very serious crime that involves deliberately setting fires or causing fire damage
- The most serious type of arson charge (endangering human life) can result in life in prison
- Different types of arson charges have different maximum sentences:
- Endangering life: Life in prison
- Damaging property: Up to 14 years
- Insurance fraud: Up to 10 years
- Careless fire setting: Up to 5 years
- Bail conditions for arson charges are usually strict and may include:
- Not possessing fire-starting materials
- Staying away from specific locations
- Regular check-ins with police
- Living at a specific address
- Arson charges can be beaten with a good defence, especially if:
- There is not enough evidence
- The fire was accidental
- Someone else started the fire
- There are problems with the investigation
- It is important to contact Strategic Criminal Defence right away if charged with arson
How can an arson lawyer in Calgary help?
The criminal defence lawyers at Strategic Criminal Defence provide crucial assistance in navigating an arson charge. Right from the start, even before charges are laid, they can give you important advice about what to say (and not say) to the police.
The lawyers on our team know exactly what evidence is important in arson cases and can work with fire investigators and other experts to understand how the fire started and spread. They can also hire fire experts to review evidence and challenge the prosecution’s findings, gather security footage and witness statements that might help your case, look for problems in how evidence was collected, and help guide you through the complicated court system.
The legal team at Strategic Criminal Defence is adept at navigating the court process, ensuring all procedural requirements are met and a client’s rights are protected throughout. Should a trial be necessary, our lawyers provide robust representation, cross-examining witnesses, challenging evidence, and presenting a strong defence strategy tailored to the specific circumstances of an arson charge.
Remember, what you say and do early in your case matters a lot, so contacting us quickly is important.
Arson Offence Charges
Arson is an offence whose main component is the dangerous use of fire or explosives.
Fire is unpredictable and capable of causing enormous danger to human life and damage to property. Because of this, the Courts tend to take arson charges very seriously, even those that involve relatively small fires. It is therefore critical that you have a competent criminal defence lawyer to thoroughly review the case against you and ensure you get the best result.
There are 5 different arson offences:
- Setting a fire that causes bodily harm or being reckless as to whether the property is occupied by one or more people
- Setting a fire intentionally or recklessly that causes damage to another person’s property
- Setting a fire on your own property that damages your own property and seriously threatens the health, safety, or property of another person
- Causing damage by fire to the property with the intent of committing fraud (e.g. collecting insurance money)
- Letting a fire get out of control and cause bodily harm to another person by being negligent
Examples of Arson Charges
Here are some real-world examples of what can lead to arson charges in Calgary:
- Setting fire to a car to commit insurance fraud: Someone burns their own vehicle to try to collect insurance money because they can longer afford the payments.
- Throwing fireworks into a dry field: Even if you did not mean to start a fire, recklessly throwing lit fireworks that cause a fire can lead to arson charges.
- Deliberately burning a building: Setting fire to any building, whether it is abandoned or occupied, can be considered arson. This is especially serious if people could have been hurt.
- Recklessly burning part of a neighbour’s property: For example, if you are burning leaves in your yard and the fire accidentally spreads to your neighbour’s property, this can be considered arson.
Arson Charge Defences
When someone is charged with arson, they have the right to defend themselves in court. While arson is a serious crime, there are several ways to challenge these charges. A lawyer from Strategic Criminal Defence can help identify the best defence strategy based on the specific details of your case.
Here are some possible defences to arson charges:
- Mistaken Identity/Wrong Suspect: Someone else started the fire, and you were wrongly identified as the perpetrator. This defence often involves providing an alibi to show you were somewhere else when the fire started. Security camera footage, witness statements, cell phone records, or credit card transactions can help prove you were not at the scene.
- Lack of Scientific Evidence: Challenging the prosecution’s scientific evidence about how the fire started or spread. Fire investigation is complex, and conclusions about a fire’s origin can sometimes be wrong. Our team can review the evidence and might find that the fire’s cause was incorrectly identified or that investigators made mistakes in their analysis.
- Mental Health Defence: The accused was not able to understand their actions due to mental illness or disability. This defence requires proving that at the time of the incident, you could not understand what you were doing or that it was wrong. Expert psychiatric testimony and medical records would be needed to support this defence.
Arson Charge Investigation
When a fire occurs in Calgary, investigators follow specific steps to determine if it was arson. The investigation begins while firefighters are still putting out the flames, as they often notice suspicious signs like multiple fire-starting points or strange smells that might indicate accelerants were used.
Once the fire is out, trained fire investigators carefully examine the scene. They look for specific patterns in how the fire burned, collect samples from burnt areas, and search for evidence like gas containers or matches. They also take many photos and document everything they find.
Investigators interview witnesses, including neighbors who might have seen something suspicious, and the property owner. They also check security cameras in the area that might have caught important details.
Special laboratory tests are done on evidence collected from the scene. These tests can identify if gasoline or other accelerants were used to start the fire. The investigation also looks at possible motives, like insurance claims or personal conflicts. They check if anyone had a reason to start the fire and examine financial records and insurance policies when fraud is suspected.
Bail Condition for Arson Charges
Being charged with arson is very serious, but an accused might be allowed to stay out of jail while waiting for their trial if they follow strict bail conditions.
The most important bail condition for arson charges is usually that you cannot have anything that could start fires. This means that an accused would not be allowed to have matches, lighters, gasoline, or other materials that could be used to start fires. They might also need to prove to the court that they have removed these items from their home.
The court could also order someone to stay away from the location where the fire happened. They might also be banned from going to certain areas or buildings, and an accused would likely need to live at a specific address that the court approves.
An accused would also likely need to check in regularly with a bail supervisor and follow a curfew. The court usually orders no contact with any victims or witnesses involved in the case as well.
Breaking any of these conditions is very serious. If an accused does not follow them, they could be sent to jail until their trial. A lawyer from Strategic Criminal Defence can help you understand exactly what each condition means and how to follow them properly.
Frequently Asked Questions
What should I do if I’m being investigated for arson?
If you learn that you are being investigated for arson, contact us right away, even before charges are laid. Do not talk to investigators without a lawyer from our team present. Anything you say can be used against you in court. Do not discuss the case with anyone else, including friends or family, and do not post anything about it on social media. Keep any documents or information related to the incident in case they are needed for your defence.
Will I go to jail if I’m charged with arson?
Whether you go to jail depends on several factors, including the type of arson charge, the amount of damage caused, whether anyone was hurt, and your criminal record. The most serious arson charges can result in life imprisonment, while less serious cases might result in shorter jail terms or even probation.
How can I defend myself against an arson charge?
There are several possible defences to arson charges. These include proving the fire was accidental, showing you were wrongly identified as the person who started the fire, challenging the scientific evidence about how the fire started, or demonstrating that you could not have understood your actions due to mental health issues.
Can arson charges be dropped?
Yes, arson charges can be dropped or reduced for various reasons. This might happen if there is not enough evidence to prove the case, if the investigation was flawed, or if your lawyer can negotiate a plea deal. However, because arson is a serious charge, prosecutors usually only drop charges if there are significant problems with their case.
Will an arson charge affect my future?
An arson conviction can have serious long-term consequences. It can make it hard to find employment, especially in jobs involving security or trust. You might have trouble getting insurance or renting property. It can also affect your ability to travel to other countries.
Contact Us
If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.
