Wisconsin Arson Defense Attorneys
Providing Quality Legal Assistance to Individuals Facing Criminal Charges
Wisconsin law takes arson cases seriously due to their threat to public safety and the devastating losses that fire can cause. You could face a lengthy prison sentence and steep fines if you have been charged with arson or other related property crimes.
Nevertheless, not all arson cases are what they appear to be, and often, innocent people are charged with property damage crimes. As a result, anyone who is facing arson charges must hire a skilled criminal defense attorney who will professionally evaluate their case and work to develop effective legal strategies.
Casper Mehlos Law Group is a Madison, WI, law firm passionately committed to protecting our clients’ legal rights and safeguarding their freedom.
When you come to us for help, we do not make judgments; instead, we strive to aggressively defend your case and help you obtain a favorable outcome for your criminal charges.
Contact our law offices immediately and ask to schedule a free initial consultation with a qualified legal team member so that we may discuss your case and determine your legal options.
When Can You Be Charged With Arson in Wisconsin?
State law defines arson as intentionally damaging another person’s property without their permission. Arson may be perpetrated through the use of fire or explosives.
Wisconsin prosecutors may charge those accused of arson with either a Class C or Class H felony, depending on the facts involved in the case. The following rules apply to arson crimes.
Class C Felony
Individuals suspected of arson of a building may be charged with a Class C felony if they damaged a structure that belonged to another. In legal terms, the “building of another” is any building in which another individual has a legal or equitable interest, and the accused has no right to defeat or impair. This same law holds true even if the accused has a legal or equitable interest in the same structure. Arson of a building by explosion to damage a building may also be charged as a Class C felony.
Class H Felony
Individuals may be charged with a Class H felony if they used means of fire or another method to damage any property other than a building. Wisconsin statutes of legal or equitable interest also apply to Class H felonies.
Class I Felony
Individuals may be charged with a Class I felony if the actor’s intent were to defraud an insurer. However, even though it is relevant that the actor recovered insurance compensation, it is not essential to establish their intent to defraud.
What Legal Elements Does the State Need to Prove a Person Committed Arson?
The prosecution must present evidence demonstrating their guilt and intention to commit arson. Under Wisconsin law, several legal elements must be proven, which include:
- The defendant intentionally damaged the building or property by fire
- The building belonged to another person
- The defendant damages the building or property without the owner’s consent
Even if all of these legal elements are present, it may still be challenging for a prosecutor to prove a criminal offense occurred. In many instances, unless the state can produce a witness who can testify that they saw the defendant use means of fire intentionally, it may not be enough to convince a jury.
However, even though arson is a serious criminal charge, it may be difficult for the state to prove beyond a reasonable doubt that the defendant is guilty. Nevertheless, anyone facing arson charges must have skilled legal representation.
Our criminal defense lawyers have extensive experience representing those defendants in arson cases. Contact our law office to discuss your criminal case and learn how we can help.
What are the Penalties if a Person is Convicted of Arson?
Wisconsin law imposes stiff penalties for those convicted of arson crimes.
- Arson of a building: Those defendants convicted of arson of a building could be sentenced to up to 40 years in prison accompanied by a $100,000 fine
- Arson with intent to defraud: Anyone convicted of arson with the intent to defraud may be sentenced to up to 6 years in prison accompanied by a $10,000 fine
- Arson of property other than a building: Individuals convicted of arson other than a building may be sentenced to three and half years in prison, accompanied by a $10,000.
Because of the severe penalties involved with arson crimes, those facing criminal charges should never wait to hire an experienced criminal defense attorney. Our arson defense lawyers understand what it takes to get results and will fight to try to have your charges dropped or dismissed and avoid going to court.
At Casper Mehlos Law Group, our criminal defense attorneys are also skilled negotiators who will work tirelessly to try and help you obtain a deal that works in your favor. Contact our law office today to schedule a free consultation.
What Makes Your Wisconsin Criminal Defense Attorneys the Right Choice to Defend Me Against Arson Charges?
Casper Mehlos Law Group, has a well-earned reputation for defending clients facing criminal charges related to property crimes, including arson with intent to defraud an insurer.
Our criminal defense lawyers understand the legal complexities associated with arson crimes. As a result, we have developed several legal strategies for arson defense that have proven effective.
If you have been charged in an arson case, we may be able to argue one of the following strategies:
- You did not intentionally damage the victim’s building or other property, but any destruction that occurred was the result of an accident
- Our criminal defense attorneys can argue that the value of the real or personal property is less than alleged by the prosecution.
- Our defense lawyers can also argue that you did not cause damage through means of fire or explosives.
- Finally, a criminal defense attorney can contend that you did not cause damage to a building. Instead, the damage occurred to a piece of physical building that has a value of less than $100
Contact Casper Mehlos Law Group, of Madison, WI, at (608) 820-8926 and ask to schedule a free, confidential consultation so that we may review the case and determine your legal options.