CONTACT US AT 703.542.4500
Arson is a felony offense in Virginia which carries with it a maximum penalty of up to life imprisonment. In order to be found guilty of Arson, the Commonwealth of Virginia must prove the following three elements beyond a reasonable doubt:
The cause of the fire is usually determined by expert testimony. The Commonwealth Attorney will call her witness who may testify as to the presence of accelerants, the point of origin of the fire and lack of accidental causes. Nonetheless, the law is clear that "Where a building is burned, the presumption is that the fire was caused by an accident rather than by the act of the accused accompanied by deliberate intent." This means that there is a presumption that the defendant did not cause the fire intentionally, but rather, the fire started by accident.
The second requirement that the Defendant be the actual entity to start the fire is a very difficult task to prove for the Commonwealth. Typically, the only way the Commonwealth of Virginia is able to prove this element of the offense is when the defendant either made a threat, admitted to starting the fire, or was found with the accelerant (e.g., lighter fluid).
The last requirement, malicious intent, is by far the most difficult element for the Commonwealth to prove beyond a reasonable doubt. Generally, "malice" does not simply mean ill-will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Again, the best way for the Commonwealth of Virginia to prove this element of her case is through a confession provided by the defendant.
What should I do if I am charged with Arson in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with an arson charge. Because Arson is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Even if you believe the evidence is stacked against you due to a confession made to the police, there may be technical defenses we could investigate and argue which could result in your statements being suppressed and thrown out as a result of a violation of one of your Constitutional rights. Please contact us online or at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
- The Defendant started the fire intentionally; and
- The Defendant was the actual entity to start the fire; and
- The Defendant acted with malice.
The cause of the fire is usually determined by expert testimony. The Commonwealth Attorney will call her witness who may testify as to the presence of accelerants, the point of origin of the fire and lack of accidental causes. Nonetheless, the law is clear that "Where a building is burned, the presumption is that the fire was caused by an accident rather than by the act of the accused accompanied by deliberate intent." This means that there is a presumption that the defendant did not cause the fire intentionally, but rather, the fire started by accident.
The second requirement that the Defendant be the actual entity to start the fire is a very difficult task to prove for the Commonwealth. Typically, the only way the Commonwealth of Virginia is able to prove this element of the offense is when the defendant either made a threat, admitted to starting the fire, or was found with the accelerant (e.g., lighter fluid).
The last requirement, malicious intent, is by far the most difficult element for the Commonwealth to prove beyond a reasonable doubt. Generally, "malice" does not simply mean ill-will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Again, the best way for the Commonwealth of Virginia to prove this element of her case is through a confession provided by the defendant.
What should I do if I am charged with Arson in Virginia?
There are a variety of defenses a skilled Virginia defense attorney can employ when dealing with an arson charge. Because Arson is a felony in Virginia, it carries with it significant jail time, together with other collateral consequences of a felony conviction. Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon".
It is critical that you immediately contact us so that we can speak with you about the particular facts of your case and assess what possible defenses may be raised which can reduce or potentially dismiss the charges pending against you. Even if you believe the evidence is stacked against you due to a confession made to the police, there may be technical defenses we could investigate and argue which could result in your statements being suppressed and thrown out as a result of a violation of one of your Constitutional rights. Please contact us online or at 703-542-4500 to schedule either a phone consultation or an in-person meeting in our Northern Virginia office.
