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Arson is a serious and heavily investigated charge in Michigan which
carries harsh penalties including hefty
prison sentences. The attorneys
at the Clark Law Office have been successfully defending clients against
arson charges for 30 years in the state of Michigan. David M. Clark has
tried and won many lengthy arson trials throughout the state of
Michigan including Manistee Co. and has even filed suit against police
officers and investigating agencies for planting and manufacturing
evidence against his clients.
When charged with arson, it is important to hire an attorney that has
extensive experience in the field as the evidence and investigation of
the accident scene requires very specific knowledge. Our knowledge
ranges from the fire flash points, common methods and rationales of fire
investigations, burning and chemical patterns of artificial and natural
fire start points and sequences, and the chemical compound testing with
gas chromatographs and mass spectrometry that determines the materials
involved in the fire. David M. Clark and the Clark Law Office have
accumulated this knowledge through years of successfully defending
clients against arson charges. The Lansing criminal attorneys at the
Clark Law office, we not only have the necessary experience and
knowledge to help you deal with your charges, but we have the trial
experience and winning track recording in defending arson cases at trial
and before a jury. If you have been charged with arson and need an
experienced attorney to fight for you and defend you against the charges
call the The Clark Law Office today for a completely free initial
consultation.
What Are The Specific Arson Law in The State of Michigan?
The three major crimes that generally are charged when arson occurs are
the burning of a dwelling house, the burning of other real property, and
the burning of insured property.
Burning of Dwelling House: MCL 750.72
In order for the prosecution to prove you committed the crime of arson
as to the burning of a dwelling house, they must prove beyond a
reasonable doubt that: (1) that the defendant burned [the described
property]. The term "burn" in this case means setting fire to or doing
anything that results in the starting of a fire, or helping or
persuading someone else to set a fire. If any part of the [described
property] is burned, no matter how small, that is all that is necessary
to count as burning. The property does not have to be completely
destroyed to be classified as a burning. [The described property] is not
burned if it is merely blackened by smoke, but it is burned if it is
charred so that any part of it is destroyed. (2) That at the time of the
burning, the building was a dwelling house. A dwelling house is defined
as a structure that was actually being lived in or that reasonably
could have been lived in at the time of the fire [a business that is
located very close to and used in connection with a dwelling may also be
considered to be a dwelling] It does not matter whether the defendant
owned or used the dwelling. (3) That when the defendant burned the
dwelling or any of its contents, they intended to burn the dwelling or
contents or intentionally committed an act that created a very high risk
of burning the dwelling or contents and also that while committing the
act, the defendant knew of that risk and disregarded it.
Burning Other Real Property: MCL 750.73
For you to be found guilty of the charge of burning other real property,
the prosecution must prove: (1) that the defendant burned [the
described property]. The term "burn" in this case means setting fire to
or doing anything that results in the starting of a fire or helping
persuade someone else to set a fire. If any part of the [described
property] is burned, no matter how small, that is all that is necessary
to count as burning; the property does not have to be completely
destroyed. [The described property] is not burned if it is merely
blackened by smoke, but it is burned if it is charred so that any part
of it is destroyed. (2) That the property burned was a building or any
of its contents. It does not matter whether the defendant owned or used
the building. (3) That when the defendant burned the dwelling or any of
its contents, they intended to burn the dwelling or contents or
intentionally committed an act that created a very high risk of burning
the dwelling or contents and that while committing the act the defendant
knew of that risk and disregarded it.
Burning Insured Property: MCL 750.75
Generally, in-order to prove that you are guilty of burning insured
property, the prosecution must prove beyond a reasonable doubt that: (1)
that the defendant burned [the described property]. The term "burn" in
this case means setting fire to or doing anything that results in the
starting of a fire, or helping or persuading someone else to set a fire.
If any part of the [described property] is burned, no matter how small,
that is all that is necessary to count as burning; the property does
not have to be completely destroyed. [The described property] is not
burned if it is merely blackened by smoke, but is considered burned if
it is charred so that any party of it is destroyed (2) that at the time
of the burning, this property was insured against loss or damage by
fire. (3) that at the time of burning the defendant knew that the
property was insured (4) that when the defendant burned the property,
they intended to set a fire knowing that this would cause injury or
damage to another person or property, and that the defendant did the act
without just cause of excuse (5) that when the defendant burned the
property they intended to defraud or cheat the insurer.
Michigan Arson Charge Penalties and Michigan Arson Sentences According to The Law
Burning of a Dwelling House MCL 750.72
In Michigan, if one is found guilty of burning a dwelling house in
violation, they will be guilty of a felony that is punishable by
imprisonment in the state prison for not more than 20 years.
Burning Other Real Property MCL 750.73
In Michigan, if one is found guilty of burning a dwelling house in
violation, they will be guilty of a felony that is punishable by
imprisonment in the state prison for not more than 10 years
Burning Insured Property MCL 750.75
In Michigan, if one is found guilty of burning a dwelling house in
violation, they will be guilty of a felony that is punishable by
imprisonment in the state prison for not more than 10 years
Contact A Michigan Arson Lawyer to Obtain a Personalized Legal Strategy For You
As you can see from the above penalties, a conviction of an arson crime
can bring with it a prison sentence that could keep you incarcerated for
decades. Not only do police and fire departments aggressively
investigate arson, but if insurance companies are involved, they too
will use their wealth and power to demonstrate that arson took place. In
order to defend yourself, it is paramount that you find an experienced
arson attorney that knows the laws, the science and procedures, and
important facts and strategy to provide you with the best defense and to
protect you from possible lengthy prison sentences. At the Clark Law
Office, we have defended and have won arson cases for many defendants.
Contact a Michigan arson lawyer for a free consultation if you need
legal help w