Arson Charges - Criminal Lawyers

Arson is a very serious criminal offence.  While it is not as common as other types of property offences, arson carries very serious penalties.  Identity can often be an issue for the Crown Attorney when trying to prove its case beyond a reasonable doubt.  In addition, the term reckless requires that the Crown Attorney prove that you knew that damage to the property would likely result from your actions.

There are 5 different offences for arson under the Criminal Code of Canada. 

• Arson — disregard for human life  

Section 433 states that Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where  (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or  (b) the fire or explosion causes bodily harm to another person.

• Arson — damage to property  

Section 434 states that Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Arson — own property  

Section 434.1 states that Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

• Arson for fraudulent purpose  

Section 435 (1) states that Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of  (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or  (b) an offence punishable on summary conviction.

Additional Penalties on an Arson Charge if convicted:

• DNA Order
• Weapons prohibition order

Our Criminal Lawyers have successfully defended individuals charged with Arson charges in Brampton, Mississauga, Toronto, Newmarket, Orangeville, Hamilton, and Oshawa.  If you have been charged with Arson, contact our experienced Criminal Lawyers for your free consultation today.