How to win an appeal of an arson case: challenging the evidence to meet the monetary threshold
Arson is a crime where the charges range from the highest severity of 1st degree arson down to the lowest severity of 5th degree arson. The punishment varies greatly between the degrees of arson. 1st degree arson carries a presumptive prison sentence of 48 months even if you have a criminal history score of zero. By comparison, 5th degree arson is merely a misdemeanor offense where there will frequently be no prison time. Several of the arson degree include monetary thresholds for how much damage much be done in order to be convicted of the crime. This blog post will focus on a Minnesota Court of Appeals case that reversed and remanded a case because the dollar amount of damage was not proved beyond a reasonable doubt.
The evidence used to convict the defendant of 2nd degree arson
In State v. Gill, the defendant was convicted of 2nd degree arson in Redwood County, Minnesota, for setting a vehicle he co-owned on fire. The monetary threshold necessary for a 2nd degree arson conviction is $1,000 worth of damage. 2nd degree arson is defined by statute. Minn. Stat. 609.562. The valuation report from an insurance company valued the car at being over $5,000. A cursory glance at the case makes it look very cut and dried. However, there was much more to the story around the valuation of the car.
2nd degree arson conviction reversed because the destroyed car was not nearly as valuable as the valuation report claims
The valuation report listed everything about the car as being in “good condition”. However, the car was in such disrepair that a witness said it couldn’t travel more than a few miles without breaking down. There was numerous mechanical problems, including an external oil leak from the engine and into the spark-plug wells, coolant leaks, damaged alternator wires, air-filter housing, and vacuum lines. The Court of Appeals determined that the value of the car being over $1,000 was not proved beyond a reasonable doubt. They reversed and remanded the case.
Conclusion
If you or a loved one were convicted of arson, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of criminal defense and appeals to craft the best strategy to counteract the conviction in your case. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
