Accredited Criminal Lawyers Melbourne
Arson
Arson is very serious offences and to ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible.
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Elements of the offence
If you have been charged with arson, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
A charge of arson contains the following elements to be proven to be successful:
1. The accused intentionally or recklessly caused fire;
2. The fire was caused to property;
3. The property belonged to another person or the accused; and
4. The accused intended to damage the property or was reckless as to whether the property would be damaged.
Will I have to go to court?
Arson charges are typically heard in the County Court due to their serious nature.
Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.
Maximum Penalty
The maximum penalty for aggravated arson is 15 years imprisonment.
What sentences are usually given?
Sentencing for arson is serious, with courts considering factors such as whether anyone was injured, the extent of damage caused, whether the property was occupied, and any prior criminal history.
Defence strategies
Lack of Intent or Recklessness
Challenge whether you intended to cause fire or were reckless as to whether fire would be caused
Accidental Fire
Establish that the fire was caused accidentally and not by your deliberate actions
Mistaken Identity
Challenge whether you were the person who caused the fire
Expert Evidence
Use expert witnesses to challenge the prosecution's case
Why Clients Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Are You Facing Serious Criminal Charges?
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