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Arson cases often rest on a fire investigator’s opinion about how a fire started, and those opinions are not always as solid as they sound. Arson in Indiana covers knowingly or intentionally damaging property by fire, explosive, or a destructive device, including setting fire to someone else’s home, damaging property in a way that endangers people, or burning property to collect insurance. Because fires destroy much of the evidence that would show how they began, these cases frequently come down to competing expert opinions.
Arson is generally a Level 4 felony, carrying two to twelve years, when it involves damaging someone else’s dwelling without consent, damaging any property under circumstances that endanger human life, damaging someone else’s property with a loss of at least 5,000 dollars, or damaging a structure used for religious worship. It becomes a Level 3 felony when someone other than the defendant is injured, and a Level 2 felony, carrying ten to thirty years, with serious bodily injury. Arson is a Level 6 felony when it involves damaging property with intent to defraud, such as burning your own property for insurance money, or when it damages someone else’s property with a loss of at least 250 dollars but less than 5,000 dollars. If a death results, the state may also file murder charges under Indiana’s felony murder rule.
The defense in an arson case often focuses on the fire investigation itself. That can include whether investigators followed accepted fire science methods, whether accidental causes like electrical problems, appliances, heating equipment, or smoking materials were properly ruled out, how samples were collected and tested for accelerants, and whether the scene was preserved. Intent is another critical issue, since an accidental or reckless fire isn’t arson. In insurance-related cases, the defense may also need to address financial records and claims made against the person.
At RileyCate, we defend arson charges with careful attention to the fire science, working with independent fire experts when the investigation calls for it. Depending on the evidence, a case may be dismissed, reduced, or taken to trial.
Arson cases are often won by challenging the expert testimony behind the charge, which takes attorneys who are prepared to cross-examine investigators in front of a jury. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with arson or are being investigated after a fire, the fire scene and evidence should be reviewed by your own experts as soon as possible. We offer a consultation to review the situation and explain your options. Reach out to RileyCate today to speak with an arson defense attorney.
