Arson Lawyer in Toronto

Types of Arson Offences

The Criminal Code outlines different arson charges under sections 433 to 436. These charges have specific penalties or punishments determined by the perpetrator’s intent, the resulting physical harm to people, and the extent of property damage. Here are the types of arson charges.

Disregard for Human Life

It is an offence if a person intentionally or recklessly causes property damage by fire or explosion, regardless of whether you own or do not own the property. The aspect of disregard for human life comes in if the property was occupied by people or the fire caused bodily harm to someone else. To obtain a conviction, the prosecutor should prove beyond a reasonable doubt that:

It was a Reckless or Intentional Act

The prosecutor must provide credible proof that you (the accused) intended or planned to cause the fire or you acted carelessly. That means you knew or understood the risks involved and chose to disregard them.

Property Damage due to Explosion or Fire

The accused’s reckless or intentional act should be the direct cause of the fire or explosion that led to property damage. Therefore, the crown prosecution must establish and prove a direct link between the explosion and fire to the damage.

Disregarded Human Life

The prosecution must prove either the accused knew or did not care whether there were people inside the property. That means the defendant acted with complete disregard for human life. The explosion or fire could cause bodily harm, but the offender did not care.

The severity of this offence is reflected in the way it is categorized. It is one of the straight indictable offences with a maximum punishment of up to life imprisonment. This harsh punishment underscores the high stakes associated with criminal cases that involve significant risk to human life. Therefore, it is highly recommended that you seek immediate legal counsel and representation if you are facing such charges.

Property Damage

Section 434 addresses two different scenarios that involve damage to property in the context of an arson offence. The first scenario covers the cases where the accused person causes damage (through fire or explosion) to a property they do not own completely. Remember, the person should have caused the damage intentionally or recklessly.

The second scenario covers damage to a property owned by the offender. This is a situation where the perpetrator causes damage to their own property. Remember, a fire or explosion may pose a serious threat to other people.

For you to be convicted for these offences, the prosecution must present credible evidence that proves the key elements of both offences beyond reasonable doubt. These elements include:

Damage caused by Explosion or Fire

The Crown or the prosecutor should prove that the specific property in question was damaged by an explosion or fire. Any other form of damage may be irrelevant to this case. Our arson lawyers may use a lack of sufficient evidence to push for an acquittal.

Ownership of the Damaged Property

For arson crimes under section 434, the alleged offender should not be the owner of the damaged property. However, under section 434.1, the accused should be the owner (partial or full ownership). Notably, the damage must have been caused by an explosion or fire that threatened other people’s health, property, or safety.

Recklessness or Intention

The prosecution must further demonstrate that the alleged offender intentionally caused the damage or they acted carelessly. This means the offender was aware of the risks involved and proceeded – showed disregard for the implications of their actions.

If you are convicted for causing damage to property under section 434 or section 434.1, you face a prison term not exceeding fourteen years. Consult our skilled arson lawyers to create and implement an effective defence strategy.

Arson for Fraudulent Purposes

The key elements of this offence include deliberate cause of explosion or fire, actual damage to the property, and intending to defraud someone or an organization. For instance, a person who commits arson with the intention of deceiving another entity for personal or financial gain may be found guilty of the offence—arson for fraudulent reasons.

Therefore, the Crown must prove that the alleged offender recklessly or intentionally caused the fire. The offender’s motivation to do so should have been to deceive someone for personal or financial benefits.

Depending on the circumstances and seriousness of your case, the offence may be prosecuted as indictable or summary offence. For an indictable offence, you face up to ten years imprisonment. A summary conviction comes with a 2-year imprisonment of less than a day. In addition, you may be required to pay a fine of up to $5,000.

Note that the law considers arson for fraud-related purposes a summary offence or indictable offence and liable to severe punishment.

Arson by Negligence

This is a criminal offence that occurs when a person who controls or owns a property fails to adhere to a widely accepted standard of care to prevent instances of fire or explosion. That is why this indictable offence is often described as a ‘marked departure from an expected standard of care.’  Note that a reasonably prudent person would use this standard under similar circumstances.

For the prosecution to get a conviction, they must prove that the offender’s actions caused the fire or explosion that caused property damage or bodily harm to another person. Moreover, a reasonably prudent person would not act that way under similar circumstances. It is important to mention that if you committed these actions, you may be convicted of an indictable offence and liable to a prison term of five years.

Arson by negligence is also an offence punishable on summary conviction. Depending on the circumstances and severity of your case, you face up to two years in prison or a fine of up to $5,000. Remember, the law treats arson by negligence seriously due to the risk associated with negligent behaviour, even when there is no intention to cause bodily harm.

Defence Options Against Arson Charges

If you or a loved one is facing arson charges, it is important to know the potential defences that can successfully challenge the allegations or charges. Notably, these defence options can affect the outcome of your arson case by raising doubt on the evidence presented by the prosecutor. Here are the defence options we can implement.

1. Establish a Strong Alibi

A solid alibi can be one of the most effective defences in arson cases. If you can prove that you were not present at the scene when the alleged arson occurred, it can lead to the charges being dropped or an acquittal.

Our lawyers will thoroughly investigate your case. We will also gather evidence such as witness testimonies, security footage, or digital records (like credit card receipts or GPS data) to confirm your whereabouts at the time of the arson.

By demonstrating that it was physically impossible for you to be involved in the alleged crime, we create reasonable doubt that the court and jury would believe. We have been defending such cases for over 25 years. Therefore, we know how to scrutinize timelines, investigate potential witnesses, and compellingly present an alibi to cast doubt on the prosecution’s claims.

2. Prove the Fire was an Accident

In arson cases, intent plays a critical role. The prosecution must prove that the fire or explosion was set intentionally. However, many fires occur accidentally, whether due to electrical malfunctions, faulty equipment, or unforeseeable events. Our experienced lawyers will work with fire experts and forensic professionals to show that the fire may have been an accident, completely void of any criminal intent.

If we can demonstrate that you did not intend to start the fire or that your actions were misinterpreted, this could significantly weaken the prosecution’s case against you. By focusing on the lack of intent, we may secure a reduction of charges or even a dismissal, depending on the circumstances and severity of your case.

3. Highlight Violations of Your Charter Rights

In any criminal case, your rights under the Canadian Charter of Rights & Freedoms should be respected. If those rights are violated, it can drastically affect the outcome of the trial. Common violations in arson investigations include illegal searches (conducted without a proper warrant) or failure to inform you of your right to counsel upon arrest.

Our lawyers will thoroughly review the legal procedures followed by law enforcement during your arrest and investigation. If we uncover any breach of your Charter rights, we will aggressively pursue the exclusion of improperly obtained evidence. Without this key evidence, the prosecution’s case may fall apart. This can result in a reduction in your charges or a stay of proceedings.

4. Challenge the Prosecution’s Evidence

Every arson case relies heavily on evidence, whether it is witness testimony, forensic reports, or circumstantial details. Our team of lawyers excels at meticulously analyzing the available evidence to expose weaknesses in the prosecution’s case.

We will challenge inconsistencies in witness statements, scrutinize forensic reports for errors or incomplete analysis, and question the reliability of circumstantial evidence. In many instances, the evidence may not conclusively tie you to the alleged crime. By revealing these gaps, we can argue that the prosecution has not met the burden of proof required to convict you beyond a reasonable doubt.

5. Use Expert Testimony

In complex arson cases, expert testimony can be invaluable. Our lawyers have access to a network of reputable fire investigators and forensic experts who can review the case from a technical perspective. They can testify about the cause of the fire, whether it was accidental, and if there were factors like faulty wiring or external conditions that might explain the fire.

With over 25 years of hands-on legal experience, we know how to create effective defence strategies that challenge every aspect of the prosecution’s case. Whether by establishing an alibi, proving an accident, or highlighting rights violations, our professional and knowledgeable lawyers will ensure that every possible avenue is explored to defend your case.

The Role of Our Lawyer

You probably know that arson cases can be very complex, and professional guidance from a skilled defence lawyer can mean the difference between an acquittal and a criminal record. Here are the roles our clients play in these cases.

Case Assessment and Legal Counsel

From the moment you schedule an initial consultation, an experienced criminal lawyer will assess the details of the charges against you.  We will also review the available evidence and help you understand the relevant aspects of the criminal justice system. This in-depth assessment can help identify all potential defence options and ensure you understand what to expect as your case progresses.

Guidance throughout the Legal Proceedings  

A skilled criminal defence lawyer offers professional legal representation to explain all the charges against you and the maximum penalties associated with arson convictions. Our lawyer will also explain other consequences of an arson conviction, such as a criminal record.

In addition, our experienced lawyers also provide guidance through each stage of your case. This guidance is crucial as it empowers you to make informed decisions and successfully avoid pitfalls that could hurt your defence.

Legal Representation in the Courtroom

If your case does not end during a preliminary inquiry, it will proceed to trial. Our lawyers are skilled and experienced in advocating for our clients during pre-trial hearings. We can also cross-examine witnesses, present credible evidence, and argue tirelessly to convince the jury or judge of your innocence or mitigate the arson charges against you.

Remember, effective representation in the courtroom can lead to a favourable outcome for your case.

Plea Negotiations

Sometimes, it becomes necessary to negotiate with the Crown to reduce the criminal charges against you or legal punishment in exchange for a plea. Our lawyer will handle these negotiations and advise you on the risks and benefits of entering a guilty plea deal.

Need a Skilled Arson Lawyer?

Regardless of the severity of the arson allegations or charges you are facing, it is crucial to seek legal assistance from a reliable and experienced lawyer. At Costa Law, we are dedicated to offering practical legal advice and reliable representation. Indeed, we are dedicated to protecting your rights and working toward getting the best possible case outcome.

Contact us and discuss your case with an experienced lawyer.