Arson Criminal Defense Attorney in San Antonio, Texas

Arson is a serious crime in Texas that is defined and punished under Texas Penal Code § 28.02. This statute states that a person commits arson if they intentionally or knowingly start a fire, whether on their own property or someone else's, with the intent to destroy or damage any building, habitation, or vehicle.

Texas Penal Code § 28.02(a)(2) lists several different ways in which a person can commit arson in Texas.

A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(C) knowing that it is subject to a mortgage or other security interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

Difficulties in Arson Investigations

One difficulty that fire investigators often face is determining the cause of the fire. While most fires are accidental in nature, some are intentionally set. Determining whether a fire was intentionally set or not requires careful examination of the scene and the surrounding circumstances. Fire investigators may look for evidence of an accelerant, such as gasoline or other flammable liquid, that may have been used to start the fire. They may also look for evidence of tampering with the electrical system or other indicators that the fire was not accidental.

However, even if fire investigators are able to determine that the fire was intentionally set, they may still face challenges in identifying the person or persons responsible. Arsonists often take steps to cover their tracks and make it difficult to link them to the crime. This can make it difficult for investigators to gather enough evidence to charge someone with arson.

Once an arson case has been referred to a prosecutor, they may face additional challenges in securing a conviction. In order to secure a conviction, the prosecutor must prove beyond a reasonable doubt that the defendant intentionally or knowingly set the fire with the intent to destroy or damage a building, habitation, or vehicle. This can be difficult to do, especially if the arsonist took steps to cover their tracks and there is limited physical evidence linking them to the crime.

Additionally, even if the prosecutor is able to present sufficient evidence to establish the defendant's guilt, the defendant may still be able to mount a successful defense by presenting evidence or testimony that suggests they did not have the required intent to commit the crime.

Overall, investigating and prosecuting arson cases can be challenging due to the difficulties in determining the cause of the fire, identifying the responsible party, and proving the required intent to commit the crime beyond a reasonable doubt.

Punishment for Arson in Texas

In Texas, the punishment for arson depends on the circumstances of the crime and the value of the property that was damaged or destroyed. Arson is generally punishable as a felony in Texas.

Arson is generally a second degree felony if that damage was cause to any building, habitation, or vehicle, which is punishable by up to 20 years in prison and a fine of up to $10,000.

If if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense or that the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship, it is a first-degree felony, which is punishable by up to 10 years in prison and a fine of up to $10,000.

If arson caused damage to vegetation, fence, or structure on open-space land, it is a state jail felony, which is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

It's important to note that these are the general punishments for arson in Texas. The actual punishment imposed may vary depending on the specific circumstances of the case and the defendant's criminal history.

San Antonio Arson Attorney Brad Thornton

If you have been arrested for arson in San Antonio or South Texas, it is important to seek legal representation as soon as possible. Board-certified criminal defense attorney Brad Thornton is an experienced attorney who can provide the legal guidance and representation you need.

As a former chief prosecutor, Brad Thornton has a unique understanding of how the prosecution builds its case and what it takes to defend against arson charges. He has a wealth of experience in criminal law and has successfully handled a wide range of criminal charges, including arson.

If you have been arrested for arson, it is essential to have an experienced and knowledgeable attorney on your side. Brad Thornton can provide a free consultation to help you understand your legal options and the potential outcomes of your case. He will work with you to develop a strong defense strategy and fight to protect your rights and freedoms.

Don't hesitate to call Brad Thornton for a free consultation if you have been arrested for arson in San Antonio or South Texas. With his extensive experience and expertise, he can provide the legal guidance and representation you need to achieve the best possible outcome in your case. So, it is a good idea to call him for a free consultation.