To successfully represent an individual accused of arson, a criminal defense lawyer should have a thorough understanding of how law enforcement attempts to solve arson cases.
Arson investigations include more than a routine police investigation into who set a fire; the fire will be investigated by the fire department of the local municipality and, if serious enough, the arson investigation unit of the State Police. The fire department and the State Police will try to determine if the fire was deliberately set, the result of an accident, or caused by faulty electrical wiring. To determine the cause of the fire, the fire department will examine the fire burn patterns and test the debris for accelerants. When performing fire cause/origin analysis, fire investigators often seek out thermal patterns to aid in determination of the fire origin. Identifying thermal patterns is an important step in arson investigation. Thermal patterns may be found on charred wood, soot deposition, melting, spalling and structural deformation.
Of course, the police are responsible for identifying suspects, conducting interviews, and checking alibis. In that sense, arson investigation is much the same as any other type of criminal investigation.
If you are accused of arson, hire an attorney experienced in defending arson cases. Attorney Mahoney recently successfully defended an individual in Worcester Superior Court accused of setting five arsons, who confessed to setting each fire, both in writing and on audiotape. After a multiple day hearing, Attorney Mahoney persuaded a Superior Court judge to suppress the accused's confession. Later, Mahoney persuaded the trial judge to rule inadmissible additional evidence and to dismiss the charges.
On the civil side, Attorney Mahoney won a verdict of $389,000.00 in Suffolk Superior Court against an individual who had set his own building on fire, destroying a restaurant in the process. That 12-alarm fire was covered by the television program, 48 Hours. Mahoney worked closely with the Boston Fire Department, learning all he could about fire investigations.
If you or someone you know has been charged with arson, give Attorney Mahoney a call at 617-492-0055 for a free consultation.
Burning of a Dwelling House (G.L. c. 266, § 1).
The Commonwealth must prove beyond a reasonable doubt that: 1) the defendant possessed malevolent intent to burn or cause to burn a house or adjacent building; 2) burned or caused to be burned a house or adjacent building; and 3) the building must have been a house or a building where people resided.
Attempted Arson (G.L. c. 266, § 5A)
The Commonwealth must prove beyond a reasonable doubt that the defendant possessed malevolent intent to burn a building or other property, and that the defendant took the necessary steps to prepare to burn a building or property.
Arson of a Building (G.L. c. 266, § 2)
The Commonwealth must prove beyond a reasonable doubt that the defendant deliberately burned a ship, building, railway, streetcar or other structure.
Burning Insured Property with Intent to Defraud (G.L. c. 266, § 10)
The Commonwealth must prove beyond a reasonable doubt that the defendant possessed the desire and purpose to burn the property that the defendant burned or attempted to burn the property, that the property was insured, and that the defendant burned the property with the intent of collecting the insurance.
Willful and Malicious Destruction of Property (G.L. c. 266, § 127)
The Commonwealth must prove beyond a reasonable doubt that the defendant willfully and maliciously destroyed or harmed the property of another.
