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Under Texas Penal Code Section 28.02 a person can be charged with arson if they are recklessly and intentionally start a fire or cause some sort of explosion that damages property. There are numerous distinctions that accompany this description and the elements of the offense determine the charges that can follow. The type of property and the intent of the defendant have a lot to do with the level of arson charged.
If there was a search conducted, a skilled Williamson County arson attorney can make sure there was a valid warrant and the search did not involve flaws. It takes a dedicated Williamson County arson lawyer to thoroughly investigate an arson case and be sure that your rights are protected.
Many people assume that arson only involves buildings or homes, but that is not accurate. A fire or explosion to any vegetation, fence, structure on open-space land, building, habitation or vehicle could result in arson charges. The offense does not always need to be intentional either, a reckless act could also lead to an arson offense. The type of property and the unique act could result in first degree or second degree felony charges but any level of arson is charged as a felony in Texas. First Degree Felony Arson:
Second Degree Felony Arson:
Third Degree Felony Arson:
State Jail Felony Arson:
When facing arson charges in Texas, it is vital to build a solid defense to avoid a felony conviction with the help of our Williamson County arson lawyer. Some of the defenses that can be made include showing a lack of intent to commit the offense. Most of the arson offenses involve an intent to damage property or start a fire and if there was no intent, the charges could be reduced. Another defense would that the fire was an accident or was a result of intoxication. In order to be charged with arson, you must have been aware that the property involved was one of the following:
Having served as a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization for over two decades, I have developed expertise in navigating the complexities of criminal defense. My extensive experience and deep understanding of the law enable me to vigorously fight for my clients’ rights and achieve the best possible outcomes. Whether you are facing misdemeanor charges or serious felonies, you can trust a proven professional who is relentless in the pursuit of justice and devoted to protecting your future.
Contact R. Scott Magee by clicking here.
Need a lawyer for your arson case in Williamson County, TX? Our firm has years of experience assisting clients in building a solid defense and fighting against arson charges. Our Williamson County arson attorney offers a free confidential consultation so you can ask us questions and discuss the details of your case at no cost to you.
In addition to Williamson County, Texas, here are some of the other communities we serve:
Contact our firm now at (512) 983-1675 to get started! Our Williamson County arson lawyers represent clients in Round Rock and Georgetown.
All of the crimes listed under the Texas Penal Code are divided into two categories: misdemeanors and felonies. Felonies are the more-serious type of offense, whereas misdemeanors are a less-serious classification of crime. Both felonies and misdemeanors, however, are punishable with fines, imprisonment, possible probation and the ramifications of having a conviction on your criminal record.
The sentence that you can receive if convicted of a crime depends on the severity of the offense. There are five different categories of felony, each with its own maximum sentence as follows:
In addition to time in prison, a felony can be punished by a fine of up to $10,000. It should also be noted that each of the different levels of felonies carries a minimum sentence of imprisonment. If you are charged with a misdemeanor, the maximum sentences that you can receive are as follows:
In many cases, the defendant will not be ordered to serve the full term of the maximum allowable sentence but will instead be placed on probation.
The word “probation” is derived from the Latin word for “test, or prove,” and that is essentially what it means in the context of criminal law. When the judge places an individual on probation, that person has been given a chance to prove himself or herself by abiding by certain terms and avoiding a subsequent arrest.
Unfortunately, the terms of probation are often exceedingly strict, and they can be highly difficult for a probationer to abide by for an extended period of time. A probation violation can lead to an arrest and imposition of the full original sentence.
Whenever possible, we seek to resolve our clients’ cases without going to trial. This may be done by negotiating with the prosecutor for a favorable plea bargain. In other cases, this goal may be achieved by uncovering holes in the case and faults in the evidence that make it possible to move to have the charges dismissed. If, however, your case cannot be resolved in advance, we will not hesitate to go to a full jury trial to fight to defend your rights and clear your name.
The only thing that you should ever say to a police officer or detective who wants to speak with you about an alleged crime is, “I do not wish to discuss the situation with you. Please call R. Scott Magee, Attorney at Law with any questions about my case.”
You have a constitutional right to remain silent in the face of questioning about criminal allegations, and this right may be your most valuable protection against the possibility of conviction. Anything you say to law enforcement can be used as evidence against you.
No matter how friendly they may seem, you should not make the mistake of telling them your side of the story. Their job is to solve crimes and to have people convicted, and the reason they want to talk to you is to get you to help them prove their assumption of your guilt to be correct. Instead of talking to the police, consult your criminal defense lawyer.
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Attorney Scott Magee is Board Certified for his specialization in Criminal Defense.
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We fight to obtain dismissals, reduced or dropped charges, and favorable plea bargains.
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We represent individuals facing state and federal charges in Texas.
Learn more about probation violations and penalties you could face.