In the State of Washington, when a defendant set fire to a structure of a building and did so recklessly, they may be charged with reckless burning in the first degree. First degree reckless burning occurs when an individual knowingly and recklessly caused an explosion or fire as well as damage to a:
Arson is a malicious and intentional act of causing a fire for the purpose of destruction of property. There are different types of arson charges that vary depending on the severity and facts of the offense.
In many cases, arson occurs when an individual has a motive to burn down a building. For example, to destroy the property in order to collect an insurance settlement.
Individuals who commit arson are often caught and convicted in court. The prosecution will present evidence that is based on the investigation done in the case.
If an individual is being investigated for arson charges, they should consult with an attorney immediately to receive advice on how to respond. Their lawyer will guide them through the process and help them navigate any legal challenges.
The charges and penalties in an arson case will depend on the severity of the crime. If the offense is considered less serious, the sentence may be less severe.
If, however, the charges are more serious, an individual may even face the death penalty in some states. The state in which the defendant resides will determine how the case is handled.
The elements of the crime will be reviewed in order to determine the penalty in the case. For example, with arson, the prosecution will consider:
If an individual is charged with arson, the defendant will be required to show they were not the perpetrator and that they were not involved in the crime. There are several degrees of the crime of arson.
With the more severe degrees, the possible sentences for the defendant become more severe. For example, causing a fire in a single structure will likely result in fewer penalties than if individuals inhabited or occupied the structure at the time.
As noted above, the act of maliciously and willfully charring or burning a structure or property is referred to as arson. In Washington State, however, an individual may also be charged with a type of arson based on criminal recklessness.
Criminal recklessness occurs when a defendant foresees or knows the risks that are involved in engaging in, or not engaging in, a particular act. With criminal recklessness, the defendant is aware of the possible danger and either engages in an action or does not engage in an action that puts another individual’s safety at risk and creates the possibility of property damage.
There are additional charges that may be added to a defendant’s arson charges, depending on the circumstances of the case. For example, additional charges may include:
Insurance fraud is common among arson crimes because of the settlements that may be collected which are provided for the insured property. Arson may be accidental or intentional.
In either circumstance, it will cause harm to any individuals who are inside the property. As noted above, if an individual dies as a result of an arson, the perpetrator may face the death penalty in some states.
The penalty that is provided will depend on the severity of the damage caused to the individuals and property by the arson. If the perpetrator was aware that someone was inside the structure, the prosecution can argue they had intent to harm another individual.
This means that the defendant intended to harm or kill the individual inside instead of merely committing insurance fraud. If the property is covered by insurance, it may be possible to add insurance fraud charges as well, which will increase the punishments if the defendant is convicted.
All of the elements of each crime charged must be proved beyond a reasonable doubt by the prosecution in order to obtain a conviction.
In the State of Washington, the charge of first degree reckless burning is a class C felony.
If a defendant is convicted of first degree reckless burning may face up to five years in prison, criminal fines of up to $10,000, or a combination of both.
Generally, a felony is any criminal offense that results in a prison sentence of one year or more. Felonies are typically crimes that involve some element of violence and are considered harmful or dangerous to society.
A felony crime may also include some of the most serious types of crimes that an individual can commit, for example, first-degree murder and arson. Crimes that do not rise to the level of a felony will typically fall into one of two other categories of crimes, misdemeanors or citations.
A felon is an individual who has been charged and convicted of a felony. This commonly means that they received a jail or prison sentence of at least one year, possibly longer.
The legal penalties a defendant may face for a felony conviction can be harsh. Another issue that many individuals do not consider is the long-lasting impact that a felony conviction can have on their lives, even after they have already served their sentence.
In general, a felony conviction remains on an individual’s criminal record for the rest of their lives. Having a felony on an individual’s record can make it difficult for them to find a job, gain custody rights over their children, and it can also take away the right to vote in elections.
In addition, if the felon is charged and convicted of an additional crime in the future, the resulting punishment will most likely be more severe than the previous one, such as a longer prison sentence and higher fines.
There may be defenses available to a reckless burning charge in Washington State. A defendant may be able to show that their sole intent was to damage or destroy the item or property for a lawful purpose.
A defendant may also be able to show that they are the only ones who owned or had interest in the property. A defendant may also be able to show that, even if someone else did own the property, that individual consented to the defendant’s burning of the property.
In some cases, an individual’s attorney may be able to have their charges reduced, such as to second degree reckless burning, if the facts support the reduction.
If you have been charged with first degree reckless burning in Washington State, it is essential to consult with a Washington criminal lawyer. As discussed above, a felony conviction can have a major impact on many areas of your life.
Your lawyer will be able to advise you of the laws of the state as well as what defenses may be available in your case. In some instances, your lawyer may be able to negotiate with the prosecution to have your charges reduced or dropped, depending on the facts.
16 people have successfully posted their cases
