Usually around the Fourth of July, or other summer holidays, people around the country celebrate by lighting fireworks. While “Safe and Sane” branded fireworks are legal in many states and counties, for the most part cities have been cracking down on not only these fireworks, but illegal fireworks as well. The danger of using illegal fireworks and explosive charges is incredibly high, and can result not only in physical or property damage, but sever fines and penalties if caught.
Arson Laws for Home Made Explosives and Firecrackers
Illegal fireworks, firecrackers or home made explosives not only carry criminal possession charges, but if used to destroy property can be subject to arson charges as well. Arson is defined by the common law as “intentionally and maliciously setting fire to a structure.”
Although it varies state to state, the majority of states has removed the requirement of setting fire to a structure or dwelling, and considers arson as merely intentionally and maliciously setting a fire to property or with a malicious intent. Any Malicious Explosion will likely qualify as an arson charge.
In dealing with Home Made Explosives, Congress has passed a law banning the “distribution of material intentionally directed toward a "a federal offense or other criminal purpose affecting interstate commerce," essentially requiring someone distributing bomb making instructions for the purpose of committing a crime. Violating this law will result in a fine of $250,000 and/or a maximum of 20 years imprisonment.
Arson Penalties and Sentencing,
The most common types of arson penalties result in having to pay for the damage caused as well as anywhere from 1-10 years in prison. States usually vary the arson charges in various forms of degrees, as well as special circumstances such as first degree arson when knowingly and intentionally setting a fire, or second degree arson for reckless causing a fire. If you are a repeat offender, you could likely face prison time of 10 years to life depending on the circumstances.
If people are injured in the fire, or firefighters/emergency workers are harmed in putting out the fire, you will likely face sentencing enhancements of aggravated arson that care long term prison time(additional 3+ years to life in prison depending on harm done). If someone was to die because of the fire, you would also face murder/manslaughter charges for the death.
Defending an Arson Charge and How a Lawyer Can Help
A malicious explosive can result in just as serious arson charges as an illegal fireworks experience gone wrong. Defending yourself against arson charges will likely be attempting to disprove any knowingly or intentional element of the charge in order to receive a lower fine or prison stay. An experienced criminal lawyer can help organize your defense and ensure that your rights are protected and represented. A criminal lawyer can also help in pleading to a lower penalty or take your case to trial if you believe you are innocent. Without a lawyer, you may find yourself pleading to charges much more severe than if you knew all your rights and all lower penalties offered.
