Orland Park Residential Arson Attorney

Tinley Park Arson Defense Lawyer for Property Crimes Related to Residences

Arson is a serious criminal offense in Illinois, and it involves the intentional setting of fires that damage property. The consequences of an arson conviction can be severe, with long-term implications for the accused, including lengthy prison sentences and substantial fines. At Issa Law, LLC, we understand the reasons a person may be charged with arson, and we can provide a strong defense against property crimes. Attorney Kal Issa has the experience needed to help defend against convictions, and he will fight to protect your rights in these situations.

Arson and Residential Arson in Illinois

Under Illinois law, a person commits arson when they knowingly damage property through the use of fires or explosions without the consent of the property owner. Arson charges may also apply if a person is accused of damaging or destroying property in this manner with the intent to defraud another party, such as an insurance company. Arson can involve various types of property, including vehicles, buildings, and land.

A more specific form of arson known as residential arson may also be charged in some cases. Residential arson occurs when the property set on fire is a dwelling or building used as a residence, regardless of whether it is occupied at the time of the fire. Applicable property can include single-family homes, apartment complexes, or any structure that serves as a living space.

To secure a conviction for arson, the prosecution must prove several key elements:

• Intent: The accused must have intentionally set the fire or caused an explosion. Accidental fires do not constitute arson, though negligence leading to a fire could result in other charges.
• Knowledge: The accused must have known that the property was owned by another party. In residential arson cases, the person must have known that the property was a residence or was used as a dwelling.
• Property Damage: The fire or explosion must cause damage to the structure or to other parts of a person's property. The extent of the damage can influence the severity of the charge, but any amount of damage is sufficient to meet this element.
• Without Consent: The fire must be set without the consent of the property owner. Setting fire to one's own property with the intent to defraud an insurance company can also be charged as arson, even if the property is owned by the accused.

There are many issues that are involved with a charge of arson or residential arson, and these cases are not nearly as "cut and dry" as they may seem. The state has the burden of proving every element of the offense beyond a reasonable doubt. This includes that the act was done "knowingly" as well as whether a structure was actually a "dwelling place," as well as other essential elements of the offense.

Arson is typically charged as a Class 2 felony, which can lead to a prison sentence of three to seven years. Residential arson is classified as a Class 1 felony, and a conviction may result in a sentence of four to 15 years in prison. Probation is not possible in residential arson cases, and a person will be required to serve at least 50 percent of their sentence.

Aggravated Arson

In some cases, a charge of arson can be elevated to aggravated arson, which is a more serious offense under Illinois law. To be charged with aggravated arson, a person must have known that one or more people were present inside a building, structure, or vehicle at the time a fire was intentionally started. In addition, one of the following elements must be present:

• Serious Injuries: If the arson results in great bodily harm to another person or causes someone to suffer a disability or become disfigured, a person may face aggravated arson charges.
• Firefighter or Law Enforcement Injuries: If a police officer or firefighter acting within their official duties suffers any injuries as a result of a fire or explosion, a person may be charged with aggravated arson.

As with the crime of arson, there are many issues that may play a role in a charge of aggravated arson. The issues that raise the most reasonable doubt are what the alleged offender "knew or should have known." As always, the state has the burden of proving every element of the offense beyond a reasonable doubt. This includes the issues of whether a victim has suffered "great bodily harm" or whether a disability is "permanent," as well as other essential elements of the offense.

Aggravated arson is a Class X felony. The sentence for a person who is convicted may range from six to 30 years in prison. Probation will not be possible, and a person will be required to serve at least 85 percent of their sentence.

Contact Our Will County Arson Defense Attorney

Contact our office at 708-966-2408 to arrange a consultation. We provide representation for clients in Romeoville, Orland Park, Plainfield, Tinley Park, Oak Forest, Joliet, New Lenox, Homer Glen, Lockport, and other cities throughout Chicago's southwest suburbs.