Based in Lexington, criminal defense attorney Dan Carman represents clients facing arson charges in Kentucky. If you or someone you know has been accused of any form of arson, it is important to discuss your situation with a skilled Kentucky defense lawyer. Our firm offers a free initial consultation to help you get started. We will provide you with skilled, competent legal representation to ensure that you get the best possible result given the unique circumstances of your case. Use the convenient online inquiry form or call (859) 838-1415.
While Attorney Dan Carman served in the Marines, he was a Judge Advocate “JAG” (defense lawyer and prosecuting attorney) for Marine Corps and Navy personnel charged with felonies and misdemeanors. This experience gives him distinctive insight into both sides of the legal process, which can be very advantageous to those charged with criminal offenses. He knows how the Kentucky criminal justice system operates and will work closely with you every step of the way.
Kentucky Arson Laws
Arson in Kentucky is a felony charge that results from deliberately or wantonly/recklessly starting a fire or explosion. The most serious charge of arson in the first degree occurs if there is probable cause to believe that the accused started a fire or caused an explosion with the intent to destroy or damage a building and:
- The building was occupied or the accused should have had reason to believe it was occupied, or
- Someone sustained serious physical injury because of the arson.
Arson in the second degree is committed when someone starts a fire or explosion with intent to destroy or damage a building of another or any building with the intent to collect or facilitate the collection of insurance money. The least serious arson charge of arson in the third degree happens if there is probable cause that the accused wantonly caused destruction or damage to a building by starting a fire or causing an explosion.
First degree arson carries a potential sentence of 20 to 50 years in prison, while second degree arson carries a potential sentence of 10 to 20 years in prison. Third degree arson carries a potential sentence of 1 to 5 years in prison. All three offenses are punishable by fines reaching up to $10,000.
Defense of Arson Charges
Police and prosecutors tend to treat instances of arson very seriously. This stems from the inherent danger of setting a fire and the fact that arson is typically associated with other criminal activity. In fact, arson is often suspected as a way that someone may attempt to destroy evidence of another crime. Arson may also be presumed when an insurance claim is filed for property damage resulting from a fire. The individual who is allegedly trying to collect the insurance money will be vigorously investigated by the insurance company and may end up facing fraud charges in addition to an arson charge.
If you are questioned about a fire, call an attorney. You may think you are answering questions for a fire loss claim, but the investigators may have different intentions. A competent arson defense lawyer will investigate your case and look for evidence that weakens the case against you – perhaps the insurance company was looking for a way to avoid paying your legitimate claim? Perhaps your grief and loss caused by the fire led you to make a suspicious statement that was taken out of context?
Whatever the situation, Lexington, KY arson defense attorney Dan Carman will listen to your story carefully and help you make informed decisions regarding the best course of action. Arson is a serious offense and the potential penalties are severe, particularly when arson involves an inhabited dwelling, or if anyone is injured or loses their life as a result of the fire. Dan Carman offers thorough, experienced representation and aggressive defense. Call today at (859) 838-1415 or fill out this online contact form.