Monday, December 29, 2014

Domestic Violence an In-depth Explanation Part 4-A: Arson as Harassment





Arson can happen in a domestic setting. It is considered as a form of Harassment – either the offender forces his partner to submit to his will or his biddings. Let us deeply analyze the Arson law in Nevada.

According to NRS 205.005, the legal definition of Arson is “a person who willfully and intentionally sets fire to, burns, causes to be burned, or persons who aids, counsels, or procures the burning of any building, structure or property.”


The act of intentionally setting fire


Any person is considered to have “set fire to” if any part of a building, structure or property was scorched, charred or burned. The size and the extent of the burn was not stated. This means that even a minor burn can get a person charged with Arson.


Person who aids, counsels, or procures the burning

A person can be charged with Arson by just helping someone to facilitate the burning. These actions include: convincing someone to burn a property, giving advises what to burn, devising a plan with the main offender, providing the materials for the burning such as gasoline, explosives, lighters, etc.


Burning of any building, structure or property.


The list of properties specifically mentioned in the NRS are:

Dwelling house or other structures
Mobile homes
Any personal property that is currently occupied by one person or more.
Unoccupied property which has a value of $25 or more.
Unoccupied property owned by the offender which the victim has legal interest in. An example of this is a joint-property.
Timbers, shrubs, grasses or vegetation that are not owned by the offender.
Any Flammable materials

There are 4 degrees of Arson in Nevada. The degrees are classified depending on the property that has been burned, and the action done. Each degree has different penalties. If you know someone who is charged with Domestic Violence by Arson, tell him to hire Attorney Ross C Goodman. He has a good reputation when it comes to defending Domestic Violence cases. He can formulate the best defense strategy, may reduce the charges against the offender, or even convince the court to dismiss the Arson case. 

 First degree
This degree of Arson is done in a home – whether mobile or not, or any part of the home, and any personal property which is occupied by a person or more. Arsons that fall under this degree are charged with Category B Felony. It is punishable with imprisonment between 2 to 15 years and a fine of not more than $15,000.

Second degree
Any person who commits Arson and any of his or her accomplice on any abandoned building or structure will be charged with second degree arson. This degree also falls under Category B Felony. It is punishable with imprisonment of not less than 1 year but not more than 10 years, plus fines amounting to not more than $10,000.

Third degree
This degree of Arson is done in any unoccupied personal property that has a value of 25$ or more or unoccupied personal property of the offender which the partner has a legal interest. It involves any kind of plant and flammable material. Arsons that fall under this category are charged with Category D Felony. Category D Felony is punishable with imprisonment between 1 to 4 years plus fines of not more than $5,000.

Fourth degree
People who attempted to commit arson, or who attempted to aid, counsel or procure the burning fall under the fourth degree of arson. People who supply the offender with explosives, combustible materials or flammable materials also fall under this category. Fourth degree offenders will be charged with Category D Felony that is punishable with imprisonment of not less than 1 year but not more than 4 years and fines of not more than $5,000.

Additional Penalties

The court may order the offender to pay for the following:

Court costs
The cost of investigation and prosecution
The cost of fire-related services of the crime

Goodman Law Group

Goodman Law Group is the number one criminal defense lawyer in Las Vegas. We have extensive experience when it comes to defending crimes such as:

Domestic Violence
DUI
Assault
Drug trafficking
Casino markers and more.
We provide free legal consultations. Kindly reach us here:

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088