William G. Yarborough

When does arson become a federal offense?

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Arson is a crime involving the intentional burning of property intending to cause damage. It’s also considered one of the more severe crimes to charge someone with, because fire can quickly destroy properties and lives.

South Carolina has laws against arson, and the state prosecutes anyone accused under those rules regardless of the value of the damage caused. However, some arson cases are federal offenses instead. When does this happen?

Damaging government property leads to federal charges

According to the U.S. Code, it’s a federal offense to cause a fire or explosion maliciously to damage any building, vehicle or property used in interstate or foreign commerce.

There’s also a provision for arson targeting property within America’s special maritime and territorial jurisdiction. These properties include vessels, machinery, military stores and appliances used for shipping and navigation. This is a separate charge from damaging property used for interstate or foreign commerce.

The penalties for a federal arson conviction

If a federal court convicts a person of damaging property used for interstate or foreign commerce, the person faces up to 40 years of prison and $250,000 in fines.

Meanwhile, a conviction for arson within special maritime and territorial jurisdiction leads to up to 25 years of prison. The court may also order the convicted to pay as much as $250,000 in fines or furnish the cost of repairing or replacing the damaged property, whichever value is higher.

If either offense leads to the death of another, the prison sentence penalty extends to life imprisonment.

Whether it’s a state or federal offense, arson is a crime with severe consequences. Not only does a conviction carry decades of imprisonment, but the convicted is expected to pay hundreds of thousands of dollars in fines.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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