If you’ve been accused of arson in Southern California, you need the help of a serious criminal defense attorney who knows how to defend clients against junk science and myths. Outdated theories about arson are still used by unqualified fire “experts” to convict innocent people. Don’t let this happen to you! If you’ve been accused of arson, be sure to get an experienced criminal defense attorney who will fight for you. Call Dan E. Chambers for help today.
What is arson?
In California, arson is defined as the willful, malicious, or reckless burning of any structure, land, or property. If someone was harmed or killed in the fire, you can face additional charges, such as homicide. You can be convicted of aggravated arson if the fire caused over $6.5 million in damages, affected at least five inhabited structures, or you have already been convicted of arson in the past 10 years.
Arson isn’t merely a careless act, like accidentally leaving the stove on. It must be either caused intentionally or by a reckless action, such as flicking your cigarette into dry grass. Normally, you can’t be convicted of arson for setting fire to your own property, unless you did it for insurance money (insurance fraud).
Arson and “junk science”
Arson cases rely heavily on forensic science to prove that a fire was started intentionally. But what many people don’t realize is that forensic science changes all the time. We see examples in our daily lives of how technology changes and becomes outdated. Many other fields of science are rapidly changing as well—which means that sometimes scientists discover that the assumptions they made in the past are just plain wrong. Unfortunately, investigators and labs may still follow outdated practices, and end up with wrong results.
Arson myths debunked
For years, arson investigators made assumptions that are now proved completely false. In fact, it took the tragic 1991 Oakland fire brush fire to change people’s minds. The fire killed over two dozen people and destroyed 3,000 homes. Fire investigators who examined 50 of the burned homes knew for a fact that the destruction hadn’t been caused by arson—and yet, they found countless examples of damage that had once been used to “prove” arson. Multiple “burn indicators” that law enforcement thought could only have been caused by arson turned out not to prove anything at all. And yet, a study in 2013 showed that many fire investigators still believe some of those myths.
Arson “experts”
Unlike some types of scientific experts, who have advanced degrees and must meet national standards to qualify for their field, there are no national rules about who can be an expert fire investigator. California has standards for training fire investigators, but most states don’t have qualification requirements. In fact, a 2015 survey found that only about one-third of the respondents had even a college degree.
Defenses
Still, the prosecution might try to prove your guilt by having a so-called expert give evidence based on outdated scientific conclusions. That’s why it is essential that you get a great criminal defense attorney who has experience challenging junk science claims.
In addition to pointing out any flaws in the prosecution’s scientific evidence, there are other possible defenses to arson. For example, if it seems likely that arson actually was the cause, your defense attorney might argue that someone else could have set the fire.
Don’t risk a wrongful conviction based on junk science! Get an attorney who will fight for you from day one. Contact arson defense attorney Dan Chambers now to help you make the best defense. You can make an appointment today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
