what is the average cost for a criminal lawyer in south carolina for arson 2nd degree

by Florine Witting 10 min read

How long do you go to jail for arson in South Carolina?

Chaquez McCall is South Carolina's Premier Arson Criminal Defense Lawyer. National Black Lawyers Top 40 Under 40. Providing access to justice to the citizens of South Carolina who feel unrepresented. Book your FREE Consultation today, 843-432-0046.

What is the sentence for arson in the 3rd degree?

Kingstree, South Carolina Arson Attorneys - Find A Criminal Defense Lawyer. My Account: Contact Us: Thursday, April 7, 2022: ... Take a moment to review the Kingstree criminal defense lawyers listed below. Information for Kingstree. 12,870 City Population: $72,400.00 Avg Home Value: $25,739.00 Avg Income: 279 City Businesses: 3,313

What is the definition of arson in South Carolina?

Arson Lawyers in Winnsboro, South Carolina. View larger map. ... Take a moment to review the Winnsboro criminal defense lawyers listed below. Information for Winnsboro. 14,267 City Population: $87,700.00 Avg Home Value: $34,175.00 Avg …

How much does a criminal defense lawyer cost?

279,531 County Population: $76,439.47 Avg Home Value: $31,599.29 Avg Income

What is the penalty for arson in South Carolina?

The penalties for arson in South Carolina are as follows: First Degree Arson – Not less than 30 years in jail. Second Degree Arson – Not less than 3 years in jail and no more than 25 years. Third Degree Arson – Up to 15 years in jail.

What is second degree arson in SC?

(A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, building, structure, or any property whether the property of himself or another, which results, either directly or indirectly, ...

Is arson a felony in SC?

A person convicted of arson in the first degree is guilty of a felony and faces a minimum of 30 years in jail. A person convicted of arson in the second degree is guilty of a felony and faces a minimum 3 years and maximum of 25 years in jail.

How much do lawyers charge?

Throughout the United States, typical attorney fees usually range from about $100 an hour to $400 an hour. These hourly rates will increase with experience and practice area specialization.Aug 17, 2021

How long is a sentence for arson?

First-degree arson is classified as a class-3 felony charge and can bring up to 12 years of prison time, or, in more extreme circumstances where explosives were used in the crime, a maximum of 16-years in jail.Mar 31, 2021

How do investigators identify accelerants?

Once collected the most common method for identifying the accelerants at a fire is by the use of a GC (Gas Chromatograph) or GCMS (Gas Chromatography Mass Spectrometer). The gas chromatograph is the most sensitive and reliable instrument for detecting and characterizing flammable residues.

Is arson a felony or misdemeanor?

felonyArson as a state crime 1 Although arson is generally a felony, many state laws include different degrees of severity depending on the defendant's intent, how the fire or explosion was caused, and whether the fire or explosion resulted in physical injury or death.

What are examples of vandalism?

Vandalism includes graffiti, trash dumping, light smashing, removing/bending signage or ornamentation, breaking windows, or other defacing of property.

Is burning your own car arson?

Burning your own personal property is only considered arson if you do so with the intent to commit fraud. You are guilty of insurance fraud if you intentionally set fire to your home, car, or other property in order to collect money from your insurance company.

What does the most expensive lawyer charge per hour?

Topping the list of the country's most expensive lawyers is Kirkland & Ellis partner Kirk Radke. The private equity and corporate counsel bills $1,250 per hour. The big billers tend to cluster in finance-related practices.Oct 4, 2017

Whats the most a lawyer can charge?

Costs start at $100 per hour for new attorneys, but standard attorney fees for an expert lawyer to handle a complex case can average $225 an hour or more....Average Attorney Fees.Attorney FeesHourly RatesMaximum Cost$1,000Average Range$100 to $3002 more rows

How much do the best lawyers cost?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

Is An Accidental Fire that Causes Damage Considered Arson in South Carolina?

No. Under South Carolina law, only those persons who intentionally and maliciously set fire to a structure can be convicted of arson.

Can I Be Convicted of Arson in South Carolina if the Fire Did Not Cause Damage?

No. To be convicted of arson in South Carolina, the fire must cause damage. Under the South Carolina statute, the damage is defined as:

Criminal Defense Lawyers for Arson Charges Near Charleston, South Carolina

If you’ve been accused of the crime of arson, contact our criminal defense lawyer today for a FREE consultation. We’ll review your case to determine what defenses there may be to your charge such as whether the fire was accidental, whether there is a question of damage, or whether there is an issue of mistaken identity.

How long can you be sentenced for second degree arson?

If you are charged and convicted of the crime of second-degree arson, then you could be sentenced to no less than 25 years. Third Degree Arson. This offense is defined as an individual willfully who maliciously sets fire, burns, or causes an explosion that results in damage to a building, structure, personal property, ...

What is the statute for arson in South Carolina?

South Carolina statutes involving arson can be found under Title 16 – Chapter 11 Article 1 Section 16-11-20 and is defined as: A person commits a violation of the provisions of this subsection who willfully and maliciously: (1) causes an explosion, sets fire to, burns, or causes a burning which results in damage to a building or structure other ...

What is the first degree of arson?

Arson in the first degree is defined as an individual who willfully and maliciously sets fire to, causes an explosion, or otherwise causes the burning of a dwelling house, building, structure, or any personal property, which results in the death of a person. Any person who aids or counsels in the commission ...

How does an arson defense work?

An arson defense begins with immediate access to an excellent private fire investigator and to the crime scene. The police investigation team will have already combed through the fire scene with the help of the insurance company experts before charges are brought and the defense investigation begins.

What happens if the police fail to investigate a fire?

Many times the failure of an investigation conducted by the police and insurance companies to determine a cause of the fire will cause them to conclude that it was arson since all other possibilities have been ruled out. Their conclusion transfers the burden of proof from the prosecution to the defendant.

Can you talk to a police officer without an attorney?

Like other criminal charges, you should not talk to police or prosecutors without having your own attorney present. If a police officer tries to question you, ask to speak to a lawyer and politely refuse to answer any questions. I want to reiterate that you politely refuse to answer questions.

Is arson a felony in South Carolina?

Arson is associated with insurance fraud, which is a felony. Insurance fraud occurs when people purchase insurance on their homes, vehicles, businesses, or anything insurable, and burn those things for the insurance money. While you will not be charged with arson, you may be visited by the South Carolina Department of Forestry.

How much does a criminal defense attorney cost?

How much are criminal defense attorney fees? On average, a criminal defense attorney costs $200 an hour, but how much you’ll pay can vary greatly depending on your case. Some clients pay $100 to $150 an hour, and others pay more than $300 to $350 an hour.

How to save money on legal fees?

The best way to make sure you save money on legal fees is to discuss payment plan options with your attorney. Your defense lawyer may be willing to work with you to develop a billing plan or charge you one flat fee for your case.

What is an initial retainer?

This is an up-front advance payment that the attorney will draw from to cover your legal fees as the work is completed. Retainers can vary, depending on the lawyer’s hourly rate and the complexity of the case.

What is retainer in a defense case?

This is an up-front advance payment that the attorney will draw from to cover your legal fees as the work is completed. Retainers can vary, depending on the lawyer’s hourly rate and the complexity of the case.

Why is it important to hire a lawyer?

If you’ve been arrested or are facing prosecution for a crime, it’s important to hire a defense attorney who can guide you through the legal process, explain your rights and options, and defend your case. It’s often best to hire a lawyer as soon as you’ve been accused of a crime to ensure your rights are protected.

Can a misdemeanor be a felony?

Misdemeanor and felony charges vary by state, but generally, a defendant charged with a misdemeanor likely won’t pay as much as someone who needs legal representation for a felony.

Can a defense lawyer charge a fee?

Your defense lawyer may be willing to work with you to develop a billing plan or charge you one flat fee for your case. Although an attorney may be willing to structure a payment plan, be aware that defense lawyers aren’t typically allowed to charge contingent fees for a criminal case.

How long is second degree arson?

The punishment tends to range from two years to thirty-five years in prison. Many states will consider second-degree arson a crime of violence. This means that a defendant will have to complete more of his sentence before becoming eligible for parole than a non-violent offender. Some states, like New York, authorize the stacking of arson charges, even if they arose out of the same transaction. Stacking is when a defendant must finish a sentence for one offense, before beginning the sentence for the second offense. Violent offenses are also used to significantly enhance punishment ranges for subsequent offenses.

What is the first element of a second degree arson charge?

The first element of a second-degree arson charge is a specific intent to start a fire or cause an explosion. If someone accidentally sets fire to something, then he could be charged with some type of reckless based charge, but not second-degree arson. This intent requirement is separate from the intent required to show the second part of an arson charge: that the fire was for a malicious purpose or had a bad result.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

What is the first degree of burglary?

(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either: (1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:

What is unlawful burning?

Burning of crops, fuel or lumber. It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any: (1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;

What is a trespass on property?

(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.

What is the 1984 Act?

HISTORY: 1984 Act No. 407. SECTION 16-11-850. Receipt of signals from air by use of satellite dish or antenna. Nothing in this article makes it unlawful to receive or capture signals from the air by use of a satellite dish, antenna, or otherwise.

What is the meaning of section 16-11-617?

SECTION 16-11-617. Entry on another's land for purpose of cultivating marijuana. It is unlawful for a person to enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative to other provisions of law.

What is the meaning of parking on private property without permission?

Parking on private property without permission; removal of vehicles; lien for towing and storage; sale of vehicles; penalty for violation. (A) It is unlawful for a person to park a vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent.

What is the 2018 Act No. 214?

214, Section 1, rewrote the section, restructuring the offenses to include cigarette butts, cigarette component litter, and deceased animals in the purview of the statute and restructuring penalties. SECTION 16-11-710.

Arson in South Carolina

Image
What’s the difference between 1st, 2nd, and 3rd degree arson in SC? Arson, in the simplest terms, is where a person starts a fire or causes an explosion. As we’ll discuss in more detail below, 1st degree arson is when that fire or explosion causes death or serious bodily injury to a person, regardless of the location of the fire or e…
See more on tmwlawsc.com

The 3 Degrees of Arson Charges in SC

  • Damage is defined asany “burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of” a property. “Dwelling house” is another termthat must be defined, as it may be an element of 1st or 2nd degree burglary. Dwelling house includes outhouses or sheds that are “appurtenant to” a home, and is defined by SC law as “any house, ou…
See more on tmwlawsc.com

Penalties For Arson in SC

  • Arson is one of the most serious crimes there is under SC law – all degrees of arson are felony offenses, arson 1st degree carries a mandatory minimum sentence of thirty years, arson 2nd degree carries a mandatory minimum sentence of three years, and a conviction for 1st degree arson carries the same penalty as a conviction for murder:
See more on tmwlawsc.com

Questions About Arson in SC?

  • Your criminal defense lawyersat Templeton, Mims & Ward understand that, if you are charged with arson in SC, you are fighting for your freedom, your family, and your life – this is not a minor misdemeanor offense that results in a fine or 30 days in jail. If you have been charged with 1st, 2nd, or 3rd degree arson in SC, contact the SC criminal defense attorneys at Templeton, Mims & …
See more on tmwlawsc.com