What is Burning of Personal Property?

Burning of Personal Property is setting fire to something that is not a building or attached to a building.

Penalties:

The penalties for burning of personal property depend on the value of the property.

• Valued at $1,000 or more, but less than $20,000—up to 5 years in prison and/or 3 times the value of the property

• Valued at $20,000 or more—up to10 years in prison and/or $15,000

What Defenses Are There?

Jury Instruction:

The defendant is charged with the crime of  burning personal 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 the property that was burned was personal property. Personal property in this case means any property that is not a building or permanently attached to a building. [It does not matter whether the defendant owned or used the property.]

3. Third, that when the defendant burned the property, he intended to burn the property or intentionally committed an act that created a very high risk of burning the property and that, while committing the act, the defendant knew of that risk and disregarded it.

4. Fourth, that the property had a fair market value when the defendant burned it of:

1. $20,000 or more.

2. $1,000 or more, but less than $20,000.

3. $200 or more, but less than $1,000.

4. Some amount less than $200.

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