Arson

Few crimes charged in state or federal court are as serious as arson. Prosecutors take these cases very seriously because of the dangerous nature of the crime, and the threat arson poses to life and to property. And defending an arson case often comes down to mastering and dealing with challenging technical, forensic issues. Where did the fire begin? How long did it burn? Was an accelerant used? Were natural forces like wind the cause? Additionally, arson cases can tie into other complicated issues, like financial matters. Effective defenses require the ability to understand these issues, and to overcome the prosecution’s own arson investigators and forensic experts.

IredaleRoth has deep experience handling these cases. In one matter, Danni Iredale went to trial on very serious arson allegations that concerned a blaze damaging an apartment complex, that posed a very serious threat to life. Danni defeated the arson charges at trial, winning an outcome for the client that allowed him to move on with his life without the heavy burden of such a conviction. Danni also consults frequently with other attorneys seeking guidance on how to defend these cases, including whether to take them to trial.

Though a complicated charge, arson often raises common questions:

• Arson is generally charged as a state crime. There are limited instances when federal authorities charge it, such as if the alleged conduct is deemed to be in furtherance of a hate crime, or if the conduct occurred on federal property.

• The stakes are high. In California, some arson charges can carry a life sentence; in other circumstances, the penalty can range from 3 to 9 years. Because federal cases often bring in related allegations, the stakes are also very high.

• The cases often come down to questions of forensics. In the courtroom, that means having the knowledge and skill to attack the opinions and the reasoning of the prosecution’s arson investigators, forensic scientists, and other experts. And, it means having strong relationships with smart, independent experts who can assist with credible opinions that are rooted in the evidence.