Understanding Aggravated Arson in Illinois

Aggravated arson is one of the most severe criminal offenses in Illinois, involving the intentional setting of a fire or causing an explosion under circumstances that elevate the crime beyond simple arson. These aggravating factors often involve causing injury to others or knowing that people are present in the property at the time of the fire. A conviction for aggravated arson can result in extremely harsh penalties, including long-term imprisonment, substantial fines, and a permanent criminal record.

What Constitutes Aggravated Arson in Illinois?

Under Illinois law, aggravated arson is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/20-1.1. The offense occurs when an individual knowingly commits arson (as defined under 720 ILCS 5/20-1) and any of the following aggravating factors are present:

• Injury to Another Person: The fire or explosion causes great bodily harm, permanent disability, or disfigurement to another person.
• Knowledge of Occupancy: The perpetrator knew or reasonably should have known that one or more persons were present in the building or property when the arson occurred.
• Use of a Device to Accelerate the Fire: The arson is committed using a device or substance designed to accelerate the fire or cause an explosion, increasing the danger and potential damage.

Examples of Aggravated Arson Under Illinois Law

Here are specific examples of aggravated arson as defined under Illinois law:

Aggravated Arson Causing Injury

• Statute: 720 ILCS 5/20-1.1(a)
• Description: An individual sets fire to an apartment building, knowing residents are inside, and the fire results in serious injury to one or more occupants.

Aggravated Arson with Knowledge of Occupancy

• Statute: 720 ILCS 5/20-1.1(a)
• Description: A person intentionally sets fire to a house, fully aware that the family is inside, but fortunately, they escape without injury.

Aggravated Arson Using an Accelerant

• Statute: 720 ILCS 5/20-1.1(a)
• Description: An individual uses gasoline to start a fire in a commercial building, knowing that workers are present, and the fire spreads rapidly due to the accelerant.

Penalties for Aggravated Arson in Illinois

Aggravated arson is classified as a Class X felony in Illinois, carrying some of the most severe penalties under state law. The penalties can include:

Class X Felony:

• 6 to 30 years in prison (without the possibility of probation)
• Fines of up to $25,000
• Additional 15 to 25 years or natural life in prison if the arson results in severe injury, death, or involves the use of a particularly dangerous accelerant or device

In addition to these severe legal penalties, a conviction for aggravated arson can result in a permanent criminal record, which can have long-lasting effects on employment opportunities, housing, and personal relationships.

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of aggravated arson can be overwhelming, especially given the severe nature of the crime and the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

• Expertise in Violent and Property Crime Defense: Andrew M. Weisberg has extensive experience defending clients against violent and property crime charges, including aggravated arson. His background as a former Cook County prosecutor gives him a deep understanding of how these cases are built and prosecuted, allowing him to craft effective defense strategies that challenge the prosecution’s evidence.
• Strategic and Personalized Defense: Each aggravated arson case is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines the details of your case, identifying any weaknesses in the prosecution’s evidence and developing a defense strategy tailored to your specific situation.
• Aggressive Courtroom Advocacy: Known for his aggressive courtroom advocacy, Mr. Weisberg is a strong defender of his clients’ rights. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure a favorable outcome, whether through negotiation, reduction of charges, or acquittal.
• Compassionate and Confidential Client Support: Facing criminal charges can be stressful, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with discretion and that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg today for a free consultation to discuss your aggravated arson case and learn how he can help protect your rights and fight for the best possible outcome.