How does Georgia criminal defense address second-degree arson allegations?
Arson in Georgia is divided into degrees, with second-degree arson addressing certain conduct involving the burning of property under O.C.G.A. 16-7-61. A defense works through the offense elements, particularly intent and the type of property involved.
Intent is a central element. Arson offenses generally require that a person knowingly and intentionally caused a burning, so where a fire was accidental or lacked the required intent, that bears on the charge. Whether the fire was intentionally set, as opposed to accidental, is looked at closely in working through the matter.
The nature of the property is significant. The degrees of arson are distinguished in part by the type of property involved, so whether the property fits the category for second-degree arson can be central. Which degree of the offense applies depends on the property at issue.
Causation is examined. Because the offense involves causing a burning, whether the person’s conduct actually caused the fire, as opposed to another cause, can be significant. The connection between the conduct and the fire is examined.
Defending a second-degree arson charge generally focuses on whether the fire was intentionally set, the nature of the property, and causation. A defense rests on whether the fire was set intentionally, whether the property fits the degree charged, and whether the person’s conduct actually caused it. Since the degree charged depends partly on the type of property burned, the classification of the property can be as contested as the act itself.