Virginia Beach Arson Lawyer
Fighting For The Justice You Deserve
Arson is the intentional or malicious burning of a structure or property in order to cause damage or bodily injury to another individual. If you have been accused of committing arson in Virginia, it’s imperative to retain legal representation from our Virginia Beach arson attorney immediately.
The following factors must be proven to convict an individual on arson charges:
- The fire was started intentionally
- The accused person started the fire
- Malicious intent
The punishment for an arson conviction depends on a number of circumstances. If the dwelling was unoccupied at the time of the alleged arson, then the charge is a Class 4 felony, which is punishable by a prison sentence between two and 10 years and a fine of up to $100,000.
If the dwelling was occupied, then the charge is a Class 1 felony, which is punishable by life imprisonment or death and a fine of up to $100,000. Even if you are accused of assisting an arson, you can be also be punished for a Class 1 felony.
If the crime was the malicious burning or destruction of a meeting house (courthouse, townhouse, college, school, retail establishment), it is a Class 3 felony is anyone was in the building and a Class 4 felony if no one was present.
Other circumstances, along with their associated punishment, include:
- If personal property destroyed was valued at more than $200 – Class 4 felony
- If personal property destroyed was valued at less than $200 – Class 1 misdemeanor
- Arson committed as a result of another type of felony attempt – Class 4 felony
- Maliciously setting a land fire – Class 6 felony
- Carelessly damaging fire by fire – Class 4 misdemeanor
Seek Legal Services From Our Virginia Beach Arson Defense Attorney
At The Law Offices of Daniel J. Miller, we are dedicated to conducting our own investigation and gathering the necessary evidence to give you an aggressive and personalized defense. With 20+ years of experience, our Virginia Beach criminal defense attorneys are capable of protecting your rights and freedom.
I will highly recommend your firm to anyone in need of top-notch, professional service.- Jimmie A.
I would highly recommend!- Callie J.
Would hire him and his professional legal staff again!- Gerry C.
If you need a good lawyer in Virginia Beach this is the place to go.- Sky
The quality of work was also amazing and couldn't ask for anyone better.- Michael
Brandishing Firearm and Possession of a Firearm by a Convicted Felon Violent Crimes
Our client, a passenger in a vehicle was stopped incident to an alleged brandishing event. The vehicle pulled into a parking lot and all occupants fled on foot and multiple firearms were found. Our client later turned himself in. The charge was dismissed due to the inability to prove constructive possession.
Assault and Battery Violent Crimes
Our client was alleged to have been involved in a fight in a shopping center parking lot and each party took out charges against each other. Based upon inconsistencies in testimony and the direct evidence presented by our client, the Court dismissed our client’s charge and found the opposing party guilty.
Case Dismissed Concealed Weapon
Our client was charged with carrying a concealed weapon. We were able to successfully negotiate a plea deal where the Court took the matter under advisement and dismissed the charges after twelve months based upon the client's good behavior and completion of community service.
Case Dismissed - Time Served Assault of an Officer
Our client was charged with two counts of an assault of an officer, breaking and entering with the intent to commit an assault, resisting arrest, possession of a concealed weapon, and assault and battery.
Case Dismissed Assault of a Juvenile
Our client, who runs a daycare, was charged with the assault and battery of a minor child left in her care. Upon cross-examination of witnesses, the court came to the conclusion that the injury could not have been the product of an assault as alleged and the case was dismissed.
Case Dismissed Assault of a Police Officer
Our client was charged with assaulting a police officer after he allegedly elbowed the officer in the throat while trying to break up a fight. We proved that the officer's version of events was inconsistent and not credible. The case dismissed.
Case Dismissed Carrying a Concealed Weapon in an Airport
Our client was charged with carrying a concealed weapon in an airport after security testified that they found a four-inch switchblade in our client's bag. The court granted our motion to strike and dismissed the charge on the grounds that the knife did not properly fit in the list of weapons prohibited in the charging statute.
Case Dismissed Assault & Battery of a Family Member
Our client was charged with two counts of assault and battery of a family member. We were able to elicit that the stories were inherently incredible and show that they had motive to lie. Both counts were dismissed.
Case Dismissed Extortion by Threat
Our client was charged with extortion by threat. The complainant was indicating that the Defendant falsely accused him, the owner of a tanning salon, with peeping into her tanning bed. The parties signed an accord and satisfaction and the charge against both my client and the complainant were nolle prossed.
Case Dismissed Bomb Threats
Our client was charged with making a bomb threat. We proved that although they were able to track the call to our client they were not going to be able to say with any certainty whether it was our client on the other line. The case was dismissed.