How to Defend Against Arson Charges in Texas
Arson charges are taken extremely seriously in Texas, and the minimum charges will be state jail felony charges. You could be facing a more serious felony charge if certain factors apply to the case. Given the severity of arson charges, it is essential to build the strongest defense you can. What do you need to know about how to defend against arson charges in Texas?
Understanding the Elements of an Arson Offense in Texas
In order to effectively defend against arson allegations in Texas, it is critical to understand the elements of an arson offense. Arson is defined in Section 28.02 of the Texas Penal Code, which says:
“A person commits an offense [of arson] if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage . . . any vegetation, fence, or structure on an open-space land, or any building, habitation, or vehicle.”
When the charges involve a fire in a building, habitation, or vehicle, one of the following must be true of the person’s state of mind when starting the fire in order for them to be charged with arson, according to Section 28.02(2)(A-F):
- Knowing that it is within the limits of an incorporated city or town;
- Knowing that it is insured against damage or destruction;
- Knowing that it is subject to a mortgage or other security interest;
- Knowing that it is location on property belonging to another;
- Knowing that it has located within it property belonging to another; or
- When the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
An important element of the offense of arson is intent — to be convicted of arson, in addition to the prosecution needing to prove the details of the fire, its location, and the defendant’s state of mind or knowledge, the prosecution must prove that the defendant started the fire or explosion with an intent to destroy or cause damage.
Identifying Defense Strategies Based on the Facts of Your Case
The best defense strategy for your arson case will depend upon the facts of your case and the details surrounding your arrest. The Texas Penal Code clarifies that a controlled burning of open-space land is an exception to the offense. As such, if you can prove that you intended to perform a controlled burn of open-space land, that may be a defense to arson charges.
Other potential defenses may include but are not limited to:
- Proof that you started the fire or caused an explosion accidentally, meaning that you did not intend to destroy or cause damage to any land or structure or object;
- You have an alibi for the time the fire was started; or
- Fire resulted from an environmental or atmospheric event, such as a lightning strike.
Contact a Texas Arson Defense Lawyer Today
If you are facing charges for arson or any other type of property damage or criminal mischief offense in Texas, it is essential to have a lawyer on your side to assist you with your defense. You could be facing a significant amount of jail time in the event of a conviction, depending on the facts of your case, as well as a criminal record that could continue to impact your well-being long after the terms of your sentence are completed. Do not hesitate to get in touch with experienced Texas arson defense attorney John Reed, Attorney at Law for help with your defense. We are here to assist you.
Source:
statutes.capitol.texas.gov/Docs/PE/htm/PE.28.htm
