Posts Tagged ‘18.2-81’
FAIRFAX, VIRGINIA: Class 4 Felony Arson / Malicious Burning Charge (VA Code 18.2-81) resulted in no active jail time, with a fully suspended jail sentence. Call for additional information.
Law § 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
Read more about Arson Law here: Virginia Arson Laws: A Criminal Defense Lawyer’s Explanation of Malicious Burning Charges
FAIRFAX, VIRGINIA: Felony Arson / Malicious Burning charges (VA Code 18.2-77 and 18.2-81), with client facing up to life in prison for setting an occupied dwelling house on fire were DISMISSED after a probable cause hearing.
§ 18.2-77. Burning or destroying dwelling house, etc.
A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
Law § 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
Read more about Arson Law here: Virginia Arson Laws: A Criminal Defense Lawyer’s Explanation of Malicious Burning Charges
ARSON / MALICIOUS BURNING OVERVIEW
Arson in Virginia is called “Malicious Burning.” This Felony offense carries a maximum sentence of life in prison if convicted. The level of proof, however, is as high as you will find for any offense. The prosecutors must prove: (1) that the fire was started intentionally, (2) that the accused individual was the one to start the fire, and (3) that the accused individual acted with malicious intent. Each of these 3 elements must be proven beyond a reasonable doubt.
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