What is Arson?
Arson is defined under the Criminal Code of Canada as “intentionally or recklessly causing damage to property by fire or explosion.” There are several types of arson, each with its own set of circumstances and penalties.
Types of Arson
- Arson with disregard for human life (Section 433): This is the most serious type of arson, carrying a maximum sentence of life imprisonment. It applies when someone intentionally or recklessly sets fire to a property, knowing it’s inhabited, or if the fire causes bodily harm to another person.
- Arson of property not wholly owned by the accused (Section 434): This carries a maximum penalty of 14 years imprisonment and applies when someone damages property they don’t entirely own by setting fire to it.
- Arson of property partially or wholly owned by the accused (Section 434.1): This carries a maximum sentence of 14 years imprisonment and applies when someone sets fire to their own property, recklessly endangering the health, safety, or property of others.
- Arson with intent to defraud (Section 435): This carries a maximum penalty of 10 years imprisonment and applies when someone sets fire to their property or another person’s property with the intention of obtaining insurance money or other financial benefits.
- Arson by negligence (Section 436): This carries a maximum penalty of five years imprisonment and applies when someone negligently causes a fire on their property that damages another person or property.
The Impact of Arson Charges
An arson conviction can have severe consequences, including:
- Significant jail time
- Financial penalties
- Damage to your reputation
- Difficulty finding employment or housing
Defences to Arson Charges
While every case is unique, there are potential defences to an arson charge, including:
- Lack of intent: Demonstrating you did not intend to start the fire, or that you were not reckless in your actions.
- Alibi: Proving you were not at the scene of the fire when it started.
- Mistake of fact: You honestly believed that your actions would not cause a fire. For example, if you thought that you were properly extinguishing a campfire, but it accidentally spread, you may not have intended to start a fire.
- Duress: You were forced to start the fire against your will.
- Mental disorder: You were suffering from a mental disorder at the time of the fire, and that this disorder prevented you from understanding the nature of your actions.
It is essential to have a skilled lawyer evaluate your case to determine the best possible defence strategy.
Armoured Suits: Your Defence Against Arson Charges
At Armoured Suits, we understand the seriousness of arson charges and the potential impact they can have on your life. Our experienced criminal defence lawyers are dedicated to providing you with the strongest possible defence. We will thoroughly investigate your case, build a solid defence, and fight aggressively to protect your rights.
Don’t face these charges alone. Contact Armoured Suits today for a free 30 min consultation.