Arson
Property Damage by fire & explosives
Arson is the intentional damaging of another person's property, without permission, by the use of fire or explosives. In order to obtain a conviction, the prosecuting attorney must show that it was the allegned defendant to cause damage, that the property owner did not give his or her permission to damage the property, and that some charring occured. It is not enough that smoke damage occured.
Arson of a Building
Under Wisconsin laws, the "building" of another means
any building in which another person has a legal or equitable interest
which the arsonist has no right to defeat or impair, even if the arsonist
may also have a legal or equitable interest in that building. Proof that
the arsonist either attempted or recovered from an insurer for the loss
of the building is relevant, but it is not essential to establish that
the arsonist intended to defraud the insurer.
Arson by Explosive
An explosive is any chemical compound, mixture, or device,
the primary purpose for which is to function by explosion. An explosion
is a substantially instantaneous release of both gas and heat (State v.
Brulport, 202 WI 2d 505, 551 N.W.2d 824 (Ct. App. 1996), 95-1687).
Arson Charges & Conviction
Under Wisconsin law, arson is a Class
C felony.
Criminal Damage To Property
Wisconsin Circuit Courts have held that criminal damage to property is a lesser included offense to arson. The Wisconsin Supreme Court agreed. (State v. Thompson, 146 Wisconsin 2d 554,
431 N.W.2d 716 (Ct. App. 1988)).
Criminal Defense Attorneys
When you are seeking criminal defense help, it helps to
know that because of the past success of the attorneys
at Van Wagner & Wood, they may be able to obtain a very favorable
outcome for you, even when everything about the situation seems bleak
and hopeless. By placing your case in their competent hands, you can step
back and leave the hard work to them. Although there are no guarantees,
at least you will know that you have the good, solid, competent, experienced,
well-regarded and highly respected help of Van Wagner & Wood.
Free First Consultation
If you are under invested for arsen, if your have been arrested
and charged with arson, or if you have already been convicted of arson,
please contact the criminal defense lawyers at Van Wagner & Wood and
ask to speak with Attorney Christopher Van Wagner or Attorney Tracey Wood.
You can also send information to an attorney directly by using the case
submission form for a free review. Either way, the initial consultation
is without charge.
Madison Wisconsin: 608-284-1200
From anywhere in Wisconsin: 1-866-262-4599
Click: [Request
A Free Consultation Via E-mail]
Reference: Wisconsin statute 943.02, Crimes Against Property
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