Can arson charges be lowered?

When a person is accused of committing the crime of arson, the charges can fall into one of three possible categories, they include:

• First Degree Arson. This is the most serious of the charges and apply to situations where an intentionally set fire results in a person being seriously injured or losing their life. This can occur when a person suffers from severe heat or smoke inhalation in a building, or even from the collapse of that building. These serious sorts of injuries are generally accompanied by a great deal of physical damage to the property involved as well. First Degree Arson cases where a person loses his/her life quite often result in life sentences or, in extreme cases, capital punishment.
• Second Degree Arson. This is usually charged when the fire causes a great deal of property damage; when the fire destroys a large amount of financially valuable property to the point that repair or restoration is impossible. However, despite the huge monetary loss in property, since no person was killed in the fire, the penalties for second degree arson are usually less severe.
• Misdemeanor Arson. This is the category of arson which is the least serious in nature. It is charged when there is significantly less damage done to the property than would constitute second degree arson. They do, however, generally include additional charges such as destruction of property and criminal mischief.

Once a charge of arson has been made, can arson charges be lowered? The reasons a person might commit arson vary, of course, but usually involve either violent revenge or the desire to collect some sort of monetary insurance payout from the loss of property. In either case, motive plays a large part in what charge will be made. If evidence can be found to prove that there was no violent intent, or that the fire was an accident, the charge could be lowered or dropped. Also, extenuating circumstances which could be used as evidence which demonstrate other factors or individuals played a part, or even forced the events that led to the arson, could be grounds for lowering or dropping the arson charge as well. In cases where this might apply, the best move on the part of the accused is to get excellent representation and have his lawyer work out the change to the charges with the district attorney.