Atlanta Arson Defense Attorney

Depending on the severity of the offense, arson can be charged in three different degrees. For example, any arson or attempted arson is a felony under federal law if it influences interstate commerce or foreign trade. The ATF Bureau of Alcohol, Tobacco, Firearms & Explosives is the agency in charge of arson cases and investigates these cases meticulously and aggressively.

The three degrees are classified as the following.

• First Degree: It occurs when a fire is set intentionally, and the fire results in damage to a structure or property that is owned by another person or entity. First-degree arson can also apply if the fire endangers human life, even if no one is harmed. This offense is classified as a felony, and a conviction could lead to a prison sentence of up to 20 years.
• Second Degree: This offense involves the intentional setting of a fire to property, but without the aggravating factors present in first-degree arson. Second-degree arson typically applies to situations where the fire causes damage to private property but does not endanger human life. A conviction for second-degree arson can result in a prison sentence of up to 10 years.
• Third Degree: This is the least severe form of arson under Georgia law, involving the intentional setting of a fire to any property that belongs to the individual charged. A third-degree arson conviction can result in penalties such as fines or a short prison sentence.

It is important to seek legal help immediately if you have been charged with arson. When you have an Atlanta criminal defense attorney from Weintraub & Alper Legal on your side, you can trust that a skilled legal advocate is protecting your rights.

If you have been arrested for arson, it is crucial to seek legal representation right away. Your record and rights may be in danger. To discuss your case, contact a criminal defense attorney from Weintraub & Alper Legal today! Give us a call today!

What Are the Penalties for Arson?

Depending on the nature of the offense, prosecutors may bring first, second, or third-degree charges against arson defendants. Although punishment varies based on the circumstances and the extent of damages, a person facing arson charges can face a variety of penalties.

Consequences may include:

• A fine of up to $50,000
• Imprisonment from one to 20 years
• A felony record
• Repayment of damages
• Punitive charges
• And more

Our lead attorney, Howard J. Weintraub, has practiced law since 1975. As a former prosecutor, he knows the various tactics used by the prosecution to pursue a conviction. With our intimate knowledge of federal law and of the strategies the prosecution employs, we will work to expose the flaws in the case and help you evade altogether or at least minimize the charges against you.

Impact of an Arson Conviction

An arson conviction can have long-lasting consequences that extend far beyond the criminal penalties. Individuals who are convicted of arson often face challenges in their personal, professional, and financial lives.

• Criminal Record: A conviction will result in a permanent criminal record, which can affect employment opportunities, professional licenses, and other aspects of daily life.
• Civil Liabilities: In addition to criminal penalties, individuals convicted of arson may be held financially responsible for the damages caused by the fire. This may involve paying restitution to victims and dealing with insurance claims.
• Reputation Damage: Being charged with arson can cause significant damage to your reputation. The stigma associated with the crime can have long-lasting effects on your personal and professional relationships.

Because of the severe consequences associated with an arson conviction, it is critical to retain the services of an experienced Atlanta arson defense attorney to ensure that your case is handled properly and that your rights are protected throughout the legal process.

Common Defenses in Arson Cases

Several defense strategies can be employed in an arson case, depending on the circumstances. The role of an Atlanta arson lawyer is to assess the evidence, identify weaknesses in the prosecution’s case, and create a strategy that challenges the charges.

• Lack of Intent: Arson charges typically require proof of intent. If there is no evidence to support that you intentionally set the fire, a defense attorney may argue that the fire was accidental or caused by a malfunction, negligence, or an external factor. 
• Mistaken Identity: In some cases, individuals are falsely accused of committing arson due to mistaken identity. Witnesses may have incorrectly identified someone, or there may have been a mix-up in the investigation. An Atlanta arson defense attorney can investigate the circumstances of the fire, including security footage, alibi evidence, and witness statements, to show that you were not involved.
• Lack of Physical Evidence: Arson charges are heavily dependent on physical evidence, including fire patterns, accelerants, and other forensic evidence. If there is insufficient evidence linking you to the fire, an experienced Atlanta arson attorney can use this to argue that the prosecution has not met its burden of proof.
• Property Owner’s Consent: In some cases, the property owner may have consented to the act of setting fire to the property, such as in cases of controlled burns or insurance fraud investigations. A qualified Atlanta arson lawyer can explore whether consent was given, which could undermine the prosecution’s case.
• Accidental Fire: Sometimes, fires are started accidentally and not intentionally. In such cases, an attorney may argue that while the fire caused damage, it was not a result of arson. Proving that the fire was accidental can reduce the severity of the charges.
• Alibi: If you can provide evidence that you were not at the scene of the fire at the time it occurred, an alibi defense can be used. This may involve presenting witness testimony, surveillance footage, or phone records to prove that you were elsewhere when the fire was set.
• Inadequate Investigation: In some cases, the investigation into the fire may have been flawed. Whether it was due to improper handling of evidence, failure to follow proper procedures, or bias in the investigation, an Atlanta arson defense attorney can challenge the investigation’s findings and argue that the charges should be dismissed.

Contact an Atlanta Arson Attorney Today

If you are facing arson charges in Georgia, it is essential to work with a skilled Atlanta arson lawyer who can help you navigate the legal complexities of your case. 

The attorneys at Weintraub & Alper Legal have a proven track record of successfully defending clients against arson charges and are committed to fighting for your rights.

Don’t wait to get the help you need. Contact our office today to schedule a consultation with an experienced Atlanta arson defense attorney who will guide you through every step of the legal process.

Contact our Atlanta criminal defense lawyers for your consultation. Call now - (404) 907-1536