(2019) 750.75 Fourth degree arson. All expungement applications can be found in the "Applications & Checklists" section on the, The Department of Attorney General's response will be processed, All offenses punishable by life imprisonment, Assault with intent to commit criminal sexual conduct, Child sexually abusive material or activity offenses, Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence, Fourth-degree criminal sexual conduct (committed after January 12, 2015), Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial drivers license violations, Terrorism-related offenses - includes convictions for attempts to commit any of these offenses, Using a computer to commit sex crimes offenses, Please remember to review the Checklist and Instructions. The Michigan Legislature Website is a free service of the Legislative Internet Technology Team in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, and the Michigan Senate. Once calls are returned, we cannot leave a message if there is no identifying information such as the legal name of the person we are trying to reach on your voicemail. The penalty for fourth degree arson is a felony conviction punishable by up to 5 years in prison, or a fine not more than $10,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. Lansing, MI 48906 Fourth Degree Arson - Punishment . 75. MCL 750.75. a. Wilfully or maliciously burns any personal property having a value of $1,000 but less than $20,000. Michigan separates its arson laws into various degrees, and has another statute addressing arson of insured property. The penalty for second degree arson is a felony conviction punishable by up to 20 years in prison, or a fine not more than $20,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. One of the goals of the Attorney General is to help educate the public and to assist them in making wise choices about what charities to support. The Michigan Attorney General is leading the fight against this horrific crime by prosecuting the state's first-ever criminal cases under state law banning human trafficking in Michigan. Fifth degree arson is a misdemeanor and the other types of arson are felonies. To act maliciously, a person at the time he or she burned, damaged or destroyed property or any of its contents must have EITHER intended to burn, damage or destroy the contents OR intentionally committed an act that created a very high risk of burning the property or its contents and that, while committing the act, the defendant knew of that risk and disregarded it. 2017 Michigan Compiled Laws Chapter 750 - Michigan Penal Code Act 328 of 1931 THE MICHIGAN PENAL CODE (750.1 - 750.568) 328-1931-X CHAPTER X ARSON AND BURNING (750.71 . If a person willfully or maliciously burns, damages or destroys by fire or explosive any personal property having value of $200 but less than $1,000, OR the personal property has a value less than $200 while the person has a prior conviction for arson arising out of Michigan law, federal law or a law of another state (if substantially similar to the Michigan statute), then the penalty is a misdemeanor conviction punishable by up to 1 year in jail, or a fine not more than $2,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. A conviction for arson can lead to substantial fines and long periods of imprisonment. , but which is not available to members of the public including current or potential employers. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Only include yourCURRENTattorney on your application if applicable, If you have convictions in multiple courts, you must complete a separate application for each court. First degree arson is punishable by up to and including life imprisonment and/or a fine of up to $20,000 or 3 times the value of the damaged property (whichever is greater). Any state crime that is not a felony (e.g., not punishable by imprisonment in the state prison system, but rather is punishable by imprisonment in the county jail system or is not punishable by imprisonment, but by a fine or other penalty). (1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth-degree arson. Expanded number of convictions that can be expunged to 3 felonies and unlimited misdemeanors; Reduced the waiting time required to expunge a conviction in certain circumstances; Certain traffic offenses can now be expunged; First Time Operating While Intoxicated offenses are now eligible for expungement; Misdemeanor Marijuana convictions can now be expunged for past conduct that is now legal with no statutory waiting period; One bad night provision which combines separate, but related, offenses into one offense for the purpose of counting convictions; and. IF the insured property was any personal property, the penalty is a felony conviction punishable by up to 10 years in prison, or a fine not more than $20,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. Skip to content Click to Call: (248) 283 - 7000 The Michigan Attorney General has determined that a full and complete investigation of what happened within the Catholic Church is required. Firms. The property has a combined value of $1,000 or more but less than $20,000, and the person had two or more convictions for committing or attempting to commit arson with inflammable or explosive material with property valued over $1000. Fourth Degree Under Section 750.75, you may be charged with the felony offense of fourth degree arson for maliciously or willfully burning property valued at $1,000 to $20,000, or when you have one or more prior convictions for arson involving personal property valued at $200 or more. Arson in the third degree is a class C felony. The penalty is a felony conviction punishable by up to 15 years in prison, or a fine not more than $20,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. (1) Except as provided in section 72, a person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of second degree arson. While some traffic offenses can be expunged, an order expunging a conviction for a traffic offense cannot require that the Michigan Secretary of State remove or expunge the conviction from the person's driving record. In late 2018, Attorney General Dana Nessel was elected and upon taking office in 2019, she made decisions to put a conflict wall in place that allowed her to lead the civil litigation into the Flint Water Crisis. (1) Except as provided in sections 72, 73, and 74, a person who does any of the following is guilty of fourth degree arson: (1) Except as provided in sections 72, 73, and 74, a person who does any of the following is guilty of fourth degree arson: The waiting period to have a first-time operating while intoxicated offense expunged from your record is 5 years. A person is guilty of fourth degree arson, contrary to MCL 750.75, IF a person willfully or maliciously burns, damages or destroys by fire or explosive ANY of the following or its contents: Any personal property having a value of $1,000 but less than $20,000. Can My Spouse Be Required To Pay My Attorney Fees And Expenses In A Divorce In Michigan? A dwelling can also include a cottage or cabin that is used sporadically by the owner for purposes such as hunting season. The penalty is a felony conviction punishable by up to 10 years in prison, or a fine not more than $15,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both, IF: The property has a combined value of $20,000 or more, OR. Phone: 517-335-7622, https://dev.michigan.local/som/json?sc_device=json. Some took to social media to express their opinions that the sentence was to light for arson. Most charities soliciting contributions in Michigan are required to register with the Charitable Trust Section. Third degree arson (Section 750.74): willfully or maliciously burning: Fourth degree arson (Section 750.75): willfully or maliciously burning: Arson of insured property (Section 750.76): willfully or maliciously burning real or personal property that's insured against loss from fire with the intent to defraud the insurer. Arson in the Fourth Degree. Currently, the entire expungement process can take up to eight months. Any personal property having a value of $200 or more if the person has a prior conviction for arson arising out of Michigan law, federal law or a law of another state (if substantially similar to the Michigan statute). Please contact your attorney for more information. Second degree arson is punishable by not more than 20 years in prison and/or a fine of up to $20,000 or 3 times the value of the damaged property whichever is greater). Prosecutor Zach. 750.75 Fourth degree arson. 75. Free Newsletters apartment building or duplex). a multiunit building in which 1 or more units are a dwelling; any real property that results in physical injury to any person; or. Unless an attorney has been retained, we can only discuss information regarding a person's. Department of Attorney General The automatic expungement mandate which will allow for certain convictions to be expunged without an application. The penalty for fifth degree arson is a misdemeanor conviction punishable by up to 1 year in jail, or a fine not more than $2,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. ARSON OF INSURED PROPERTY (MCL 750.76) Each degree carries prison time, possible fines, and restitution to the victim.. Common defenses include that the incident was an accident, that the fire started from natural causes . Fourth Degree Arson; Intentionally or Negligently Burning Woods or Grounds Fourth-degree arson covers the willful or malicious burning, damaging, destroying, or explosion of personal property having a value between $1,000 and $20,000, or any personal property having a value of $200.00 or more if the person has one or more prior convictions. The Clean Slate Act expands on the types and numbers of offenses that can be expunged and will eventually provide for the automatic expungement of certain convictions without the need for anyone to affirmatively petition or apply to the convicting court for such an action. IF the insured property was any building, structure or other real property, the penalty is a felony conviction punishable by up to 20 years in prison, or a fine not more than $20,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. What Are The Tax Consequences Of Receiving An Inherited IRA? The penalty for first degree arson is a felony conviction punishable by life or any term of years, or a fine not more than $20,000 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. We will also break down with what an arson investigator does for you, and explain what burning an insured property can mean. (3) Fourth degree arson is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. If you have any previous convictions of arson in which you destroyed property valued at $200 or more, you can face fourth-degree arson charges. 21 1403. The different charges of arson are dependent on other factors surrounding the crime - the mildest charge is a misdemeanour, while the other four are felonies. (2016) What's This? If convicted, you face up to five years' incarceration, and $10,000 in . My department and this investigation will find out who knew what, and when. (ii) Any personal property having a value of $200.00 or more if the person has 1 or more prior convictions. Disclaimer: These codes may not be the most recent version. Michigan Arson Laws Overview Below you'll find key provisions of arson laws in Michigan. A person is guilty of first degree arson, contrary to MCL 750.72, IF a person willfully or maliciously burns, damages or destroys by fire or explosive ANY of the following or its contents: A multi-unit building or structure in which 1 or more units of the building are a dwelling, regardless or whether any of the units are occupied, unoccupied, or vacant at the time of the fire or explosive (e.g. The Department of Attorney General expungement team is currently experiencing high volumes of phone calls and email correspondence pertaining to the Expungement process. Thedefining factorsthat make fourth-degree arson different from other degrees are: There do nothave to be any injuries or property damage, and ***** 750.78 THIS SECTION IS AMENDED EFFECTIVE JULY 9, 2014: See 750.78.amended *****, 328-1931-X CHAPTER X ARSON AND BURNING (750.71750.80), View Previous Versions of the Michigan Compiled Laws. This also includes personal property valued at $200.00 or more if the defendant has 1 or more previous convictions. The full name and current address of the applicant; and. If you would like to hire an attorney or need legal help, please refer to the "Legal Services" section of this website. Fourth Degree Arson: Under Michigan law, Fourth Degree Arson involves the willful and malicious burning, damaging, or destroying of any personal property with a value between $1,000.00 up to $20,000.00. The accused can be found guilty of CSC 4th degree if the alleged victim believes that the intentional touching was being done in one of the following circumstances: 1. (2) Subsection (1)(a) applies regardless of whether the person owns the personal property. For the most part, arson is also taken seriously in Michigan, as only one type of arson (fifth degree arson) is not classified as a felony. 75. The crime offourth-degree arsonin Colorado is defined in CRS 18-4-105. 3. There are four degrees of CSC offense in Michigan. If you need an attorney, find one right now. The only exception is fourth degree arson which applies where one "willfully or negligently" sets fire to the grounds of another person, or allows a fire to spread to another person's property causing damage. Arson is a general intent crime. This site is designed to help applicants navigate their way through the new laws, help them determine if they are eligible to have convictions expunged, to answer frequently asked questions about the new laws, and to provide links for resources and assistance. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Third degree arson is punishable by not more than 10 years in prison and/or a fine of up to $20,000 or 3 times the value of the damaged property (whichever is greater). Fifth degree arson (Section 750.77): intentionally burning personal property valued at $1,000 or less if the person has a prior conviction. The property is a building, structure or other real property, and the fire or explosion results in injury to any individual. Section 750.75 - Fourth degree arson. 4. Many applicantsfiled applications on their own without the help of an attorney. A person is guilty of second degree arson, contrary to MCL 750.73, IF a person willfully or maliciously burns, damages or destroys by fire or explosive a single-unit dwelling, regardless of whether it is occupied or vacant at the time of the fire or explosion. 75. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. In Michigan, a victim is an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. The Open Meetings Act (OMA) took effect January 1, 1977. Any state crime punishable by imprisonment in the state prison system (e.g., the Michigan Department of Corrections). Another word for the act of setting aside a conviction, meaning that a public record of the conviction is no longer available to members of the public including employers and anyone going to the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. Apr. 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