What is Burning Insured Property?

Burning Insured Property occurs when a perpetrator burns a building or personal property that is insured, with the intent to defraud the insurance company.

Penalties:

• Up to 10 years in prison

What Defenses Are There?

Jury Instruction:

The defendant is charged with the crime of burning insured property. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

1. First, that the defendant burned [describe property alleged]. The term "burn" in this case means setting fire to or doing anything that results in the starting of a fire, or helping or persuading someone else to set a fire. If any part of the [describe property] is burned, [no matter how small,] that is all that is necessary to count as a burning; the property does not have to be completely destroyed. [The (describe property) is not burned if it is merely blackened by smoke, but it is burned if it is charred so that any part of it is destroyed.]

2. Second, that at the time of the burning, this property was insured against loss or damage by fire. [It does not matter whether this was the defendant's property or someone else's.]

3. Third, that at the time of the burning, the defendant knew that the property was insured.

4. Fourth, that when the defendant burned the property, he intended to set a fire, knowing that this would cause injury or damage to another person or to property, and that the defendant did it without just cause or excuse.

5. Fifth, that when the defendant burned the property, he intended to defraud or cheat the insurer.

Why Hire the Ambrose Law Group for your MDOP - Arson Case?

We are Michigan Criminal Defense lawyers located in Walled Lake, Troy, Berkley, Roseville, and Oxford. We offer FREE case evaluations, and will give you personalized advice and information so that you know what you are up against and understand what defenses you have. We have the experience, the knowledge, and the resources to protect you.

Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.

You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.

Related Topics

• Malicious Destruction of Property (MDOP)

• Willfully and Maliciously setting fire

• Burning of Personal Property

• Burning Real Property

• Burning Insured Property

• Arson of a Dwelling