Arson Defense Attorneys In Wheaton, Illinois

DuPage County Criminal Defense Lawyers

Under Section 720 of the Illinois Compiled Statutes, arson consists of damaging another person's personal or real property with a value of $150 or more by means of explosive or fire. The offense can also be charged if the actor has the intent to defraud an insurance company regardless of whose property was damaged or destroyed. Basic arson is a Class 2 Felony; if the property was a public dwelling place or house of worship, the offense is a Class 1 Felony. An actor can be charged with aggravated arson if, in addition to the above elements, someone is hurt or killed, or the actor knew or suspected that people may have been hurt or killed. Aggravated arson is a Class X Felony. An arson attorney can defend you against all of these charges.

At the Law Offices of Salvatore C. Miglore and Associates, we understand that just because you have been arrested and charged with a criminal offense does not necessarily mean you are guilty. In fact, our first assumption is that you were falsely accused and the charges are meritless. We then work to have the charges dismissed or reduced. We are prepared to negotiate with prosecutors to get a favorable plea bargain agreement and, if necessary, take the matter all the way to trial and beyond.

As a foundational matter, the state must prove the fire or explosion was arson. The prosecutor may ask the fire marshall, or another official, to testify to that effect. There is typically a written report as well. An attorney can challenge both these things on a number of grounds. Even if such evidence is admitted and the jury is convinced of its reliability, it does nothing to prove who or what set the fire.

The state generally tries to build simple arson cases with circumstantial evidence because, by definition, there was no one present when the fire started. It is the classic "motive, means and opportunity" approach. The prosecutor may use receipts to show that you purchased a can of gasoline or some other accelerant, find witnesses to establish motive, and point out that you do not have an alibi for the time of the fire. If an attorney can cause even one juror to question the state's version on even one of these elements, the state cannot prove its case beyond a reasonable doubt.

If we cannot get the charges dismissed, we are often may able to negotiate a plea to a misdemeanor property crime, such as Trespass or Damage to Property. If the prosecutor's offer is unsatisfactory, we can take the case to trial where the state must prove each and every element of the offense. If there was a serious error at trial, we may appeal the case to the highest authority. 

An arson attorney can help you avoid the negative consequences of a criminal charge and conviction. Contact us today at 630.933.8400. At the Law Offices of Salvatore C. Miglore and Associates, we represent clients throughout DuPage, Lake, McHenry, Kendall, Will, DeKalb, Cook and Kane Counties.