Arson

Under Michigan law, arson is the criminal act of willfully or maliciously burning personal property or real estate. There are two main components of a criminal investigation for the crime of arson which consist of determining the cause of the fire and a responsible party.

Finding the responsible party and determining the cause of a fire are not always apparent in an arson investigation. An arson investigation will usually entail a costly and lengthy investigation by law enforcement officers, the insurance company and the alleged suspect. Expert witnesses are used extensively in arson cases. The accused party will want to employ a fire science expert to refute any alleged accusations of arson asserted by the police or insurance company.

Contact ABDO LAW if you are being investigated or being charged with a crime. Do not talk to the police or take a polygraph until you consult with a lawyer. Phone: 586-412-5555.

A criminal investigation of arson has many layers. Fire science experts will investigate the alleged crime scene for various evidence such as point of origin, burn patterns and the use of accelerants. Other aspects of an arson investigation include motive(s) to commit the crime and alibi. Establishing a motive, along with other circumstantial evidence, is sometimes the key part of the prosecutor’s case as the alleged perpetrator can rarely be placed at the scene of the crime. At the conclusion of a successful criminal investigation, a warrant and arrest will follow.

Arson is a property crime which is committed by individuals with various motives such as insurance fraud, taking out anger towards another person(s) or because of mental illness. The crimes of arson and malicious destruction of property share many similar characteristics.

The police will try to hand an arson case, or any criminal case, to the prosecutor with a solid confession from the accused party. Getting a confession is not always possible. However, even when a confession cannot be obtained, the police will use an interview to poke holes in the suspect’s alibi, obtain incriminating statements, place the suspect at the crime scene, pin down details that the suspect can’t later deny and schedule a polygraph examination. Here is what the American Psychological Association (The Truth about Lie Detectors) has to say about polygraphs:

Polygraph testing has generated considerable scientific and public controversy. Most psychologists and other scientists agree that there is little basis for the validity of polygraph tests. Courts, including the United States Supreme Court (U.S. v. Scheffer, 1998), have repeatedly rejected the use of polygraph evidence because of its inherent unreliability. Nevertheless, polygraph testing continues to be used to assess the veracity of suspects and witnesses, and to monitor criminal offenders on probation.

Michigan’s arson laws are broken down and labeled by degree, from arson in the first degree to arson in the fifth degree. Arson in the first degree, being the most severe, can carry up to life in prison. The following is a summary of Michigan’s arson laws:

First Degree Arson, MCL 750.72: A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or its contents is guilty of felony first-degree arson:

• A multiunit building or structure in which 1 or more units of the building are a dwelling, regardless of whether any of the units are occupied, unoccupied, or vacant at the time of the fire or explosion.
• Any building or structure or other real property if the fire or explosion results in physical injury to any individual.

Punishable by imprisonment for life or any term of years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Second Degree Arson, MCL 750.73: A person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of felony second degree arson.

Punishable by imprisonment for not more than 20 years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Third Degree Arson, MCL 750.74: A person who does any of the following is guilty of felony third-degree arson:

• Willfully or maliciously burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion.
• Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents: Any personal property having a value of $20,000.00 or more.

Punishable by imprisonment for not more than 10 years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Fourth Degree Arson, MCL 750.75: A person who does any of the following is guilty of felony fourth degree arson: Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents:

• Any personal property having a value of $1,000.00 or more, but less than $20,000.00.
• Willfully or negligently sets fire to a woods, prairie, or grounds of another person or permits fire to pass from his or her own woods, prairie, or grounds to another person’s property causing damage or destruction to that other property.

Punishable by imprisonment for not more than 5 years and/or a fine of not more than $10,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Fifth Degree Arson, MCL 750.77: A person who intentionally damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson.

Punishable by imprisonment for not more than 1 year and/or a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Arson of insured property, MCL 750.76: Another Michigan statute covers culpable criminal conduct for arson of insured property. MCL 750.76 provides as follows:

A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following insured property, or the contents of any of the following, with the intent to defraud the insurer, is guilty of arson of insured property:

• Any dwelling. Punishable by imprisonment for life or any term of years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.
• Any structure or building, other than a dwelling. Punishable by imprisonment for not than 20 years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.
• Personal property. Punishable by imprisonment for not more than 10 years and/or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

Do not hesitate to retain an attorney if you are accused of arson or any other crime. Trust your attorney to make the right decisions regarding police interviews and polygraph examinations. The police are not required to tell you that you have a right to an attorney and the right to remain silent unless you are in custody. Talking to the police before getting advice from a criminal defense lawyer can result in mistakes that cannot later be reversed. Contact ABDO LAW. We have practiced criminal law for more than 40 years, have obtained excellent results for more than 10,000 clients and have achieved the highest ratings from every national organization. Phone: 586-412-5555.