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Those convicted of Federal arson (18 U.S.C. § 844(i)) face serious penalties, including imprisonment for any number of years or life imprisonment or the death penalty if death results to any person. Since the stakes are so high for defendants, it is critical for those who have been charged with Federal arson seek the advice and guidance of experienced Federal criminal defense attorneys who can help them formulate a solid defense.
Elements Of Arson
A person has committed Federal arson if:
- He or she damaged or destroyed a building, a vehicle, or other real or personal property, by means of a fire or an explosive;
- He or she acted maliciously, intentionally or with deliberate disregard of the likelihood that damage or injury would result; and
- The building, vehicle, or other real or personal property, was used in interstate or foreign commerce.
For a case to be tried in Federal court, the property that was targeted must be:
- Located on property owned or leased to the U.S., including departments, agencies, and any organization that receives federal financial assistance; or
- Used for a function that involved or affected interstate commerce or foreign commerce.
If charged with attempted arson, the prosecutor must prove that the defendant did something that constituted a substantial step toward committing the crime. Establishing that a defendant merely prepared to start a fire is not enough to justify a conviction. To constitute a substantial step, the defendant’s action must show that unless interrupted by an independent circumstance, the crime will take place.
Using Fire To Commit A Felony
A person can also be charged with the Federal crime of using a fire or an explosive to commit a felony (18 U.S.C. § 844(h)). If convicted of this offense, a defendant will receive a 10-year prison sentence in addition to the sentence handed down for the underlying felony. Anyone convicted of this offense a second or subsequent time will be sentenced to at least 20 years in prison. Courts are also specifically prohibited from placing those who are convicted of this crime on probation or from suspending their sentence. Even carrying an explosive during the commission of a felony can be prosecuted under this Federal law.
Defendants who are convicted of Federal arson face between 5 and 20 years in prison. If a fire directly or proximately caused someone else to suffer an injury or even created a risk of injury, the defendant will be sentenced to between 7 and 40 years in prison. Finally, if someone loses his or her life as a result of the fire, the defendant faces between any number of years in prison, to life imprisonment to the death penalty.
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Federal crimes tend to be aggressively investigated and prosecuted and almost always have harsher penalties than similar state crimes. Having the advice of an experienced Federal arson attorney who is familiar with Federal law can make all the difference in the outcome of your case.
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