There are many ways for people to start a fire. Some people fall asleep smoking a cigarette. Others might have accidents while cooking in the kitchen or using a grill. Candles, oil lamps and tools, such as butane torches, are also potential sources of house fires.
A moment of clumsiness could be enough to start a devastating house fire. A candle knocked into a couch or carpet could start a fire. A shattered oil lamp could lead to a rapidly-spreading fire. In some cases, a person who admits to causing a fire could potentially face arson charges. They may be at risk of financial consequences and possibly also incarceration.
Does accidentally causing a fire by tipping over a candle or oil lamp constitute arson?
The definition of arson requires malice
Accidental fires generally do not constitute arson. For the state to prosecute an individual for arson, there needs to be criminal intent. People who intentionally start fires to file insurance claims or harm others could face arson charges.
Those who start fires unintentionally due to mistakes, clumsiness or just falling asleep should not be at risk of prosecution. Even if they admit to starting the fire, the fact that it began with an accident and not an intentional act should protect them from prosecution.
That being said, the state may read intent into situations where it does not actually exist. People accused of starting a fire maliciously may need help proving that what occurred was truly an accident.
Reviewing the state’s evidence with a skilled legal team, and learning more about the laws regulating arson, charges can be beneficial in the wake of arson charges being levied. With the right support, those accused of starting fires intentionally can potentially avoid a conviction.