FAIRFAX, VIRGINIA
Criminal defense attorney case result:
Fairfax VA Felony Arson / Malicious Burning Charge DISMISSED
Felony Arson / Malicious Burning charges under VA Code 18.2-77 and 18.2-81, with client facing up to life in prison for allegedly setting an occupied dwelling / apartment building on fire, were DISMISSED for insufficient evidence 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
