David M. Clark has Successfully Defended Arson Cases For Over 30 Years in Michigan
Arson is a serious and heavily investigated charge in Michigan which carries harsh penalties including hefty prison sentences. The attorneys at the Clark Law Office have been successfully defending clients against arson charges for 30 years in the state of Michigan. David M. Clark has tried and won many lengthy arson trials throughout the state of Michigan including Manistee Co. and has even filed suit against police officers and investigating agencies for planting and manufacturing evidence against his clients.
When charged with arson, it is important to hire an attorney that has extensive experience in the field as the evidence and investigation of the accident scene requires very specific knowledge. Our knowledge ranges from the fire flash points, common methods and rationales of fire investigations, burning and chemical patterns of artificial and natural fire start points and sequences, and the chemical compound testing with gas chromatographs and mass spectrometry that determines the materials involved in the fire. David M. Clark and the Clark Law Office have accumulated this knowledge through years of successfully defending clients against arson charges. The Lansing criminal attorneys at the Clark Law office, we not only have the necessary experience and knowledge to help you deal with your charges, but we have the trial experience and winning track recording in defending arson cases at trial and before a jury. If you have been charged with arson and need an experienced attorney to fight for you and defend you against the charges call the The Clark Law Office today for a completely free initial consultation.
What Are The Specific Arson Law in The State of Michigan?
The three major crimes that generally are charged when arson occurs are the burning of a dwelling house, the burning of other real property, and the burning of insured property.
Burning of Dwelling House: MCL 750.72
In order for the prosecution to prove you committed the crime of arson as to the burning of a dwelling house, they must prove beyond a reasonable doubt that: (1) that the defendant burned [the described property]. The term "burn" in this case means setting fire to or doing anything that results in the starting of a fire, or helping or persuading someone else to set a fire. If any part of the [described property] is burned, no matter how small, that is all that is necessary to count as burning. The property does not have to be completely destroyed to be classified as a burning. [The described property] is not burned if it is merely blackened by smoke, but it is burned if it is charred so that any part of it is destroyed. (2) That at the time of the burning, the building was a dwelling house. A dwelling house is defined as a structure that was actually being lived in or that reasonably could have been lived in at the time of the fire [a business that is located very close to and used in connection with a dwelling may also be considered to be a dwelling] It does not matter whether the defendant owned or used the dwelling. (3) That when the defendant burned the dwelling or any of its contents, they intended to burn the dwelling or contents or intentionally committed an act that created a very high risk of burning the dwelling or contents and also that while committing the act, the defendant knew of that risk and disregarded it.
Burning Other Real Property: MCL 750.73
For you to be found guilty of the charge of burning other real property, the prosecution must prove: (1) that the defendant burned [the described property]. The term "burn" in this case means setting fire to or doing anything that results in the starting of a fire or helping persuade someone else to set a fire. If any part of the [described property] is burned, no matter how small, that is all that is necessary to count as burning; the property does not have to be completely destroyed. [The described property] is not burned if it is merely blackened by smoke, but it is burned if it is charred so that any part of it is destroyed. (2) That the property burned was a building or any of its contents. It does not matter whether the defendant owned or used the building. (3) That when the defendant burned the dwelling or any of its contents, they intended to burn the dwelling or contents or intentionally committed an act that created a very high risk of burning the dwelling or contents and that while committing the act the defendant knew of that risk and disregarded it.
Burning Insured Property: MCL 750.75
Generally, in-order to prove that you are guilty of burning insured property, the prosecution must prove beyond a reasonable doubt that: (1) that the defendant burned [the described property]. The term "burn" in this case means setting fire to or doing anything that results in the starting of a fire, or helping or persuading someone else to set a fire. If any part of the [described property] is burned, no matter how small, that is all that is necessary to count as burning; the property does not have to be completely destroyed. [The described property] is not burned if it is merely blackened by smoke, but is considered burned if it is charred so that any party of it is destroyed (2) that at the time of the burning, this property was insured against loss or damage by fire. (3) that at the time of burning the defendant knew that the property was insured (4) that when the defendant burned the property, they intended to set a fire knowing that this would cause injury or damage to another person or property, and that the defendant did the act without just cause of excuse (5) that when the defendant burned the property they intended to defraud or cheat the insurer.
Michigan Arson Charge Penalties and Michigan Arson Sentences According to The Law
Burning of a Dwelling House MCL 750.72
In Michigan, if one is found guilty of burning a dwelling house in violation, they will be guilty of a felony that is punishable by imprisonment in the state prison for not more than 20 years.
Burning Other Real Property MCL 750.73
In Michigan, if one is found guilty of burning a dwelling house in violation, they will be guilty of a felony that is punishable by imprisonment in the state prison for not more than 10 years
Burning Insured Property MCL 750.75
In Michigan, if one is found guilty of burning a dwelling house in violation, they will be guilty of a felony that is punishable by imprisonment in the state prison for not more than 10 years
Contact A Michigan Arson Lawyer to Obtain a Personalized Legal Strategy For You
As you can see from the above penalties, a conviction of an arson crime can bring with it a prison sentence that could keep you incarcerated for decades. Not only do police and fire departments aggressively investigate arson, but if insurance companies are involved, they too will use their wealth and power to demonstrate that arson took place. In order to defend yourself, it is paramount that you find an experienced arson attorney that knows the laws, the science and procedures, and important facts and strategy to provide you with the best defense and to protect you from possible lengthy prison sentences. At the Clark Law Office, we have defended and have won arson cases for many defendants. Contact a Michigan arson lawyer for a free consultation if you need legal help with your Arson charges.
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