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ARSON
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Arson is committed when a person
intentionally burns almost any kind of structure or building, not just
a house or business. In Alabama, there are differing degrees of arson,
based on such factors as whether the building was occupied and whether
insurance fraud was intended. The crime involves the malicious act of
burning. Although arson fires are referred to as incendiary, not all
incendiary fires are considered arson, the difference being malicious
intent.
The main elements in an arson case
are the presence of a structure or
property that has been burned and the malicious intent of the
individual who set the fire. Whether a person has a motive or not, if
they accused of setting set fire to a building or other property, arson
charges can be filed.
There are different degrees of arson, which are largely defined
according to whether someone was hurt or killed as a result of the fire
and the estimated value of the property that was destroyed. If
individuals inside the property died during the fire, the alleged
arsonist will also be charged with murder/manslaughter. Also, a
property owner who is accused of arson to file a fraudulent insurance
claim will be charged with second degree arson, which is a felony. Mr
Long can craft a defense strategy to help obtain the best possible
results if you or someone you know has been charged with arson.
If you
have been charged with arson, contact attorney Steven F. Long
who is very familiar with the arson laws in Alabama and will fight to
make sure that your future and reputation are protected against an
arson charge. Please contact Attorney Steven F. Long by clicking ARSON to discuss any further and specific questions you may have.
Section 13A-7-41 – Code of Alabama
---- Arson in the first degree.
(a) A person commits the crime of arson in the first degree if he
intentionally damages a building by starting or maintaining a fire or
causing an explosion, and when:
(1) Another person is present in such building at the time, and
(2) The actor knows that fact, or the circumstances are such as to
render the presence of a person therein a reasonable possibility.
(b) Arson in the first degree is a Class A felony.
Section 13A-7-42 – Code of Alabama
---- Arson in the second degree.
(a) A person commits the crime of
arson in the second degree if he
intentionally damages a building by starting or maintaining a fire or
causing an explosion.
(b) A person does not commit a crime under subsection (a) if:
(1) No person other than himself has a possessory or proprietary
interest in the building damaged; or if other persons have those
interests, all of them consented to his conduct; and
(2) His sole intent was to destroy or damage the building for a lawful
and proper purpose.
(c) The burden of injecting the issue of justification in subsection
(b) is on the defendant, but this does not shift the burden of proof.
(d) A person commits the crime of arson in the second degree if he
intentionally starts or maintains a fire or causes an explosion which
damages property in a detention facility or a penal facility, as
defined in Section 13A-10-30, with reckless disregard (because of the
nature or extent of the damage caused or which would have been caused
but for the intervention of others) for the safety of others.
(e) Arson in the second degree is a Class B felony.
Section 13A-7-43 – Code of Alabama
---- Arson in the third degree.
(a) A person commits the crime of arson in the third degree if he
recklessly damages a building by a fire or an explosion.
(b) A person does not commit a crime under this section if no person
other than himself has a possessory or proprietary interest in the
damaged building.
(c) The burden of injecting the issue of justification in subsection
(b) is on the defendant, but this does not shift the burden of proof.
(d) Arson in the third degree is a Class A misdemeanor.
Section 13A-7-40 – Code of Alabama
---- Definitions.
The following definitions are applicable to this article:
(1) BUILDING. As used in this article, such term means any structure
which may be entered and utilized by persons for business, public use,
lodging or the storage of goods, and includes any vehicle, railway car,
aircraft or watercraft used for the lodging of persons or for carrying
on business therein. Where a building consists of two or more units
separately secured or occupied, each unit shall not be deemed a
separate building.
(2) EXPLOSIVES. Any chemical compound or mechanical mixture that is
commonly used or intended for the purpose of producing an explosion and
which contains any oxidizing and combustive units or other ingredients
in such proportions, quantities or packing that an ignition by fire, by
friction, by concussion, by detonator or by chemical action of any part
of the compound or mixture may cause a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or of destroying
life or limb.
(3) EXPLOSION. A rapid, sudden and violent expansion of air or
relinquishment of energy with resultant pressures that are capable of
producing destructive effects on contiguous objects or of destroying
life or limb. "Explosion" includes, but is not limited to, a sudden and
rapid combustion, causing violent expansion of the air, or the sudden
bursting or breaking up or in pieces from an internal or other force.
"Explosion" is not limited to cases caused by combustion or fire, but
it may result from decomposition or chemical action.
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