QUESTION

Can a 16 teen year old male be charged with arson if it was accidental and if so what are the charges?

Asked on Aug 30th, 2012 on Personal Injury - Pennsylvania
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21 ANSWERS

Yes.
Answered on May 22nd, 2013 at 5:42 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Your Question does not involve either a "Personal Injury" or "Injury," which are the Categories you selected when you asked your question. I do not practice criminal law and, as such, I cannot provide an answer to your question. I would suggest re-asking your question and select "Criminal" or "Criminal Defense" as the Category. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Sep 13th, 2012 at 9:32 PM

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Dennis P. Mikko
At 16, a person is still considered a juvenile. If the fire was truly accidental, it is not arson.
Answered on Sep 06th, 2012 at 3:34 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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He can be charged. His lawyer will defend on the basis that this was an accident, not an intentional act. The result will depend on available evidence.
Answered on Sep 06th, 2012 at 3:34 PM

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Lisa Hurtado McDonnell
Yes, he can be charged. The charge will depend on his intent and the circumstances of the incident.
Answered on Sep 06th, 2012 at 3:34 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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Yes you can be charged with arson, your defense would be that it was not intentional and therefore an accident.
Answered on Sep 05th, 2012 at 11:20 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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A 16 year old can be charged with arson. Arson must be an intentional act. However, if you intentionally set for to property, thinking it will does a little damage and it does a lot, this is intentional even though the amount of damage went beyond what was intended. On the other hand, if you build a campfire and it cause a larger fire, or if you drop a cigarette, causing a fire, then these acts would be accidents , and not arson. The charge for Intentionally setting fire to someone's property is arson. It can be 1st, 2nd, and 3rd degree depending on whether it is arson to personal property, a dwelling, or whether it caused injury to a person.
Answered on Sep 05th, 2012 at 11:12 PM

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This question is impossible to answer with the few facts revealed. Sit down with a lawyer who can hear all the facts, ask questions to reveal those not voluntarily offered and then you will have an answer upon which you may rely.
Answered on Sep 05th, 2012 at 11:10 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Yes, arson.
Answered on Sep 05th, 2012 at 8:46 PM

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ARSON. ALSO setting fire to a "dwelling" or "building" for starters.
Answered on Sep 05th, 2012 at 4:25 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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He can certainly be charged. Anyone can be. He'll have to hire a lawyer.
Answered on Sep 05th, 2012 at 12:16 PM

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Thomas Edward Gates
Yes, arson.
Answered on Sep 05th, 2012 at 11:04 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You need to direct your question to a criminal attorney, not a personal injury attorney.
Answered on Sep 05th, 2012 at 10:30 AM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
Arson is a specific-intent crime. That means that the minor must have had the intent to burn the structure. If there was no intent to burn, then there can be no arson.
Answered on Sep 04th, 2012 at 9:26 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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It wasn't accidental. Even if it was, negligent arson carries the same weight.
Answered on Aug 30th, 2012 at 5:09 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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He can be charged and tried as an adult, depending on the facts and the wisdom of the judge. If it were careless and not deliberate why would he be charged in the first place? Get you the best criminal lawyer you can find
Answered on Aug 30th, 2012 at 5:07 PM

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Ronald A. Steinberg
Arson is the intentional burning of property (or gross negligence). Certainly a 16 year old understands the nature and consequences of an act and can be charged. The "state of mind" is important, and he needs a lawyer.
Answered on Aug 30th, 2012 at 5:07 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Yes, he can, especially in juvernile court. You should consult with a lawyer who handles juvernile delinquency legal matters for specific legal advice and assistance.
Answered on Aug 30th, 2012 at 5:06 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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If it's accidental, it is not arson. The charge of arson requires the intent to set a fire. Yes, a 16 year old can be charged as an adult in MI. Get a lawyer NOW!
Answered on Aug 30th, 2012 at 5:06 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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A 16 year old can be charged with arson and can defend by showing it was an accident. There a number of charges that can be brought. You should not let the 16 year old make any statements to anyone except a lawyer and you should tell the 16 year old to get a criminal defense attorney immediately.
Answered on Aug 30th, 2012 at 5:06 PM

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General Liability Attorney serving Harrisburg, PA at Abom & Kutulakis, L.L.P.
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Being charged and found culpable are two different things. You should consult with and retain an attorney. If you cannot afford one, you should apply for a public defender and make sure you work with one that is experienced in juvenile law.
Answered on Aug 30th, 2012 at 5:06 PM

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