Damage or destruction of property by arson is one of the most serious property crimes under Article 187 of the Criminal Code of Georgia. Unlike simple property damage, acts committed by setting fire, explosion, or other generally dangerous means carry much stricter penalties because they endanger not only property but also human life and health. Charges can be brought against a person for intentional acts (e.g., for revenge or insurance fraud) as well as for fires caused by negligence that resulted in severe consequences. Arson cases are characterized by high complexity, as fire often destroys direct evidence. The investigation relies on forensic fire expertise, the conclusion of which is decisive for pressing charges. For the accused, the assistance of a qualified lawyer is critically important to question the investigation's version regarding the cause of the fire and to prove the absence of intent.
What does Arson Defense service cover?
Criminal defense lawyers offer specialized defense focused on technical and legal details:
- Review of forensic fire expertise: Critical analysis of the prosecution's expert report and, if necessary, appointing an alternative, independent expertise to determine the origin and cause of the fire.
- Establishing an alibi: Collecting evidence (video recordings, witness testimonies, phone billing) to confirm that the accused was not at the scene at the time the fire started.
- Proving lack of intent: Arguing that the fire was caused by negligence (e.g., faulty wiring or carelessness) and not intentionally, which radically changes the qualification and sentence.
- Witness interrogation: Questioning eyewitnesses and fire service personnel to clarify factual circumstances.
- Plea agreement: Negotiating with the Prosecutor's Office for a lighter sentence, especially if damages are compensated.
Common Situations and Scenarios
Arson charges are often related to the following situations:
- Insurance fraud: Intentionally burning one's own property (house, car, business) to receive insurance compensation.
- Revenge and conflict: Burning someone else's property (often a car or retail outlet) due to personal disagreement or business conflict.
- Covering tracks: Starting a fire to erase traces of another crime (e.g., theft or murder).
- Negligence: Lighting a bonfire or mishandling flammable substances, resulting in a large-scale fire.
Georgian Legislation and Legal Framework
The main regulatory norm is Article 187 of the Criminal Code. Damage or destruction of property is punishable by a fine or imprisonment for 1 to 3 years (if damage exceeds 150 GEL). However, if the act is committed by arson, explosion, or other generally dangerous means (Part 2), the punishment is stricter and involves imprisonment for 3 to 5 years. If the act resulted in death or other severe consequences (Parts 3 and 4), the penalty can be 6 to 10 years or 9 to 13 years of imprisonment. The lawyer's strategy is often aimed at requalifying the act to Article 188 (Damage to property by negligence), which provides for much lighter liability.
Service Delivery Process
The lawyer gets involved in the case immediately. In the first stage, the crime scene inspection protocol and expert conclusion are studied. The lawyer investigates whether there were other, natural or technical reasons for the fire. If the accused has an alibi, it is urgently secured. Simultaneously, negotiations with the victim regarding compensation for damages take place, which is a significant mitigating circumstance.
Why choose a specialist on Legal.ge?
Arson cases require specific technical and legal knowledge. On Legal.ge, you will find lawyers who have experience working with experts and can challenge the prosecution's version. Incorrect defense can lead to many years of imprisonment. Find your defender on our platform.
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