When facing a federal arson charge, it is best to know where you stand so you can determine what kind of defense you will go with. Typically, the defense falls under any of the following default statements:
- The fire was accidental and spread too quickly, even with prompt intervention on the part of the accused. For example, a bonfire accidentally left behind by campers overnight starts spreading to the surrounding woodland despite attempts by the campers to contain the conflagration.
- The accused was under the effect of an intoxicating substance at the time that the alleged crime took place. In other words, the accused was not in control of their actions and thoughts during the alleged incident and thus went a little overboard.
- An insanity plea may be entered, but only as a last resort. The defense may argue that the accused was not in the right frame of mind when the arson took place and only committed the act out of strong emotional distress.
- If a conviction cannot be entirely avoided, the defendant can argue that the arson was conducted without the express intent of hurting other people. The aim of this defense is not an acquittal, but rather, a reduction in the sentence to avoid worse penalties.