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Defending against an arson accusation

On Behalf of | Jun 12, 2023 | Criminal Defense |

Arson is an intentional act of setting fire to property. It can cause significant damage and put people’s lives in danger. If a person is accused of this crime, they can face serious penalties.

What does the law say?

In Texas, there are several elements the prosecution must prove to find a person guilty of arson. First, the fire must have been deliberate and intentional. Accidental fires do not meet the criteria for arson.

The intentional act of starting the fire must involve damage or destruction of property. Property may include a home, a building, vehicles, or other structures. The accused person must have an ownership interest in the property that was damaged or destroyed.

In some cases, the prosecution can also establish arson by proving that the accused person acted recklessly. This means that the accused person consciously disregarded the safety of others or the risk of causing damage.

Potential defenses

The accused person has the right to a defense against these allegations. If they can show that the fire was accidental, they may use a lack of intent as a defense.

They can also dispute the evidence presented by the prosecution. This may include witness testimony, expert opinions or physical evidence.

Also, if the person can show that they were not present at the time of the fire, they may use that as a defense to arson. Similarly, if they can show that another person committed the crime and there was a mistaken identity, that may be a defense as well.

Arson is a serious crime, but there are resources available to help with a defense.



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