Arson charges arise when an individual is accused of intentionally or recklessly damaging property by fire or explosion. These offences, outlined in Sections 433 to 436 of the Criminal Code, carry severe penalties, ranging from five years to life in prison, depending on the nature and severity of the act. If you are facing an arson charge, it’s vital to know your rights and possible defences.
Arson: Legal Definitions
The Criminal Code outlines several distinct offences under the umbrella of arson. Each section addresses different aspects of fire-related crimes, from damaging property to fraudulent purposes, and even unintentional fire damage due to negligence.
Arson – Disregard for Human Life (Section 433)
Per Section 433 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where
(a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or
(b) the fire or explosion causes bodily harm to another person.
Arson – Damage to Property (Section 434)
Per Section 434 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Arson – Own Property (Section 434.1)
Per Section 434.1 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.
Arson – Fraudulent Purpose (Section 435.1)
Per Section 435 (1) of the Criminal Code, every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.
Arson by Negligence (Section 436)
Per Section 436 (1) of the Criminal Code, every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Non-compliance with prevention laws
(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.
Facing an arson charge? Call us today at (855) 585-1777 for a free consultation with a skilled criminal lawyer. Protect your rights and get the legal guidance you need.
Potential Penalties for Arson
Penalties for arson depend on the severity of the offence and whether the Crown proceeds by indictment or summary conviction. These penalties are intended to reflect both the seriousness of the crime and the harm it could cause.
Arson – Disregard for Human Life
- Maximum Penalty: Life imprisonment.
Arson – Damage to Property
- Summary Conviction: Generally involves shorter terms of imprisonment and fines.
- Indictable Offence: Carries a maximum penalty of 14 years imprisonment.
Arson – Own Property
- Indictable Offence: Carries a maximum penalty of 14 years imprisonment.
Arson – Fraudulent Purpose
- Summary Conviction: A less severe option, though imprisonment and/or fines may still apply.
- Indictable Offence: Carries a maximum penalty of 10 years imprisonment.
Arson by Negligence
- Summary Conviction: Lesser penalties may include fines and shorter prison terms.
- Indictable Offence: Maximum penalty of 5 years imprisonment.
Charged with arson? Call (855) 585-1777 now for a free consultation with an experienced criminal defence lawyer who can help defend your case.
Aggravating Factors in Arson Cases
Certain factors can lead to more severe penalties in arson cases, including:
- The fire or explosion endangered or harmed human life.
- The use of accelerants or other methods to intensify the fire.
- Minors or vulnerable individuals were involved or affected.
- The accused has a previous record of related criminal activity.
- The fire was part of a larger fraudulent operation, such as an insurance scam.
Available Dispositions for Arson Offences
Arson charges lead to various legal outcomes depending on the specific offence and how the Crown elects to proceed:
- Suspended Sentence
- Fine
- Fine + Probation
- Imprisonment
- Imprisonment + Probation
- Imprisonment + Fine
Defences Available for Arson Charges
Successfully defending against arson charges requires careful legal strategies, often involving thorough investigation and evidence examination. Some common defences include:
- Lack of Intent: Arguing that the fire was accidental and there was no intent to cause damage.
- Lack of Knowledge: In cases of arson for fraudulent purposes, the defence may argue that the accused was unaware of any fraudulent schemes behind the fire.
- Negligence Defence: For charges of arson by negligence, the defence might show that the accused’s actions did not constitute a significant departure from what a reasonable person would have done under similar circumstances.
The complexity and severe penalties associated with these cases make it critical to work with an experienced criminal defence lawyer. A skilled lawyer will review the details of your case, build a strong defence, and ensure your rights are upheld throughout the legal proceedings.
Don’t Face Your Arson Charge Alone
An experienced criminal defence lawyer is vital when dealing with an Arson charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been charged with Arson. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.