24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Disproving Philadelphia Arson Charges with an Adept Lawyer

March 21, 2024 Uncategorized

Fightin’ Arson Charges in Philly with a Good Lawyer on Your Side

Arson charges in Philadelphia can seem scary and overwhelming. But with the right lawyer on your side, you can build a strong defense and get the charges dropped or reduced. This article will explain how an adept lawyer can disprove arson charges in Philly.

First, let’s break down the basics. Arson is when someone intentionally and maliciously sets a fire. To get convicted of arson in Pennsylvania, the prosecution has to prove you purposely set the fire and intended to damage or destroy property.

There’s a few common defenses lawyers use to fight arson charges:

  • Lack of Evidence – The prosecution has to prove beyond a reasonable doubt you committed arson. If the evidence is weak or circumstantial, a lawyer can argue there’s reasonable doubt. For example, if your DNA wasn’t found at the scene or there’s no video/eyewitness putting you there, your lawyer can say the prosecution lacks hard evidence you did it.
  • Accident or Misfortune – Fires can start accidentally, like from an electrical problem or cigarette. So your lawyer may argue the fire was an accident, not arson. If you made an innocent mistake that unintentionally started a fire, it shows you didn’t have criminal intent.
  • Mental State – To commit arson, you have to willfully and maliciously set the fire. Your lawyer can argue you lacked the mental state for arson, like if you have a mental disability, were intoxicated/high, or were sleepwalking.
  • False Confession – If you confessed, your lawyer can try to get it thrown out by showing it was coerced or you didn’t understand your rights. False confessions happen, especially when folks are scared, pressured, or don’t fully grasp the law.
  • Misidentification – Eyewitnesses make mistakes. If someone ID’ed you incorrectly or the prosecution relies on circumstantial evidence, your lawyer can show it doesn’t conclusively prove you did it.

A skilled lawyer will do their own investigation to poke holes in the prosecution’s case. They’ll visit the fire scene looking for other potential causes, interview witnesses to find inconsistencies, and review all the evidence closely.

Your lawyer may consult fire science and arson experts to analyze burn patterns, chemical traces, and damage. Expert testimony on how fires ignite and spread can debunk arson claims.

If there’s video footage, your lawyer will examine it frame-by-frame to see if it actually shows you starting the fire. They’ll test DNA and fingerprint evidence to confirm it’s even yours. And if you made statements, they’ll work to keep them out of court if improperly obtained.

Your lawyer can also dig into your background and character witnesses who can convince the jury you’re not an arsonist. They’ll seek records showing you don’t have a history of starting fires. And they’ll find community members willing to testify to your good character.

There’s certain legal precedents and protections your lawyer can use to defend you:

  • The Pennsylvania “Castle doctrine” says you can use force to protect yourself in your home. So if the fire happened at your residence, your lawyer may argue it was self-defense.
  • The First Amendment protects free speech and assembly. If the fire occurred during a protest, your lawyer can argue you were exercising civil rights.
  • The Fourth Amendment protects against unreasonable search and seizure. If the police improperly collected evidence, your lawyer can request it gets excluded.
  • The Fifth Amendment says you don’t have to self-incriminate. So your lawyer may advise you not to answer certain questions.
  • The Sixth Amendment gives you the right to an attorney and speedy trial. Your lawyer can demand a quick trial and fight delays.
  • The Eighth Amendment prohibits excessive bail. Your lawyer can fight for reasonable bail while your case proceeds.

An experienced lawyer may be able to negotiate a plea deal to lesser charges like criminal mischief, trespassing, or recklessly endangering people. This can help avoid harsh arson penalties.

They can make a case to the prosecutor that arson charges are unprovable, exaggerated, or that mitigating factors like mental illness call for leniency. A good deal may involve dropping the arson charges in exchange for pleading guilty to minor charges, probation, and restitution payments.

Arson cases often rely on technical fire science evidence and complex legal arguments. So having an adept lawyer who specializes in arson defense is key.

Look for a lawyer who knows fire investigation, understands arson laws inside-out, and has experience getting charges dismissed pre-trial. A smart, seasoned lawyer who’s not intimidated by arson cases can make all the difference.

The stakes are high with arson, as it’s a serious felony. You need someone who’ll aggressively defend you, meticulously examine the evidence, and fight to get charges dropped or reduced. With an adept lawyer on your side, you can beat those arson charges and move on with your life.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now