Reckless burning criminal lawyer in Connecticut.
In this case analysis, our reckless burning criminal lawyer explains how we defended our client against a reckless burning charge in Connecticut along with several other serious criminal charges. While our client probably exercised poor judgment, his conduct did not rise to criminal conduct. We vigorously defended him, and reached a satisfactory outcome.
Reckless burning criminal lawyer defense.
Facts of the case that led to the charges of reckless burning, and other charges.
This case arose out of a home remodeling incident. Our client purchased new home. The property was full of old scrap wood, junk, and debris. As a result, our client needed to clean up the property. Several friends helped to clean up the property. Our client instructed his friends to create a big pile of scrap wood inside of a large in-ground drained swimming pool. The plan was to burn the scrap wood in the swimming pool. Next, our client invited a group of friends to his new home to enjoy a bonfire.
Our client used gas from an old lawn mower to help start the fire. The lawn mower gas was poured over the wood, which was in the pool. A cloud of gas fumes developed in the pool. Upon ignition, the fumes exploded causing small amounts of debris to come out of the pool, and a loud bang.
As a result of the loud bang, the local fire department arrived on scene to extinguish the fire. Next, the local police arrived. The State of Connecticut ultimately arrested our client for several charges.
The first charge against our client was reckless burning under Connecticut General Statute § 53a-144.
The first charge against our client was reckless burning. This is a class D felony. A person is guilty of reckless burning when he intentionally starts a fire, or causes an explosion, whether on his own property or another’s, and thereby recklessly places a building of another in danger of destruction or damage. The issue we raised in defending this charge was whether our client recklessly placed his neighbor’s property in any danger. We defended the case claiming that the State could not prove that the explosion created a danger to the neighbor’s property.
The second charge against our client was breach of peace 2nd degree under Connecticut General Statute § 53a-181.
The relevant portion of the breach of pease statute states that a person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. In defending this charge, we successfully claimed that the state was required to prove a “public” hazardous condition, rather than merely a private one. We defended the case claiming that the fire was on private property, and was therefore not a “public place.” Accordingly, there was no “public” hazardous condition.
The third charge against our client was criminal mischief 3rd degree under Connecticut General Statute § 53a-117.
The relevant portion of the criminal mischief statute states a person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that he has a right to do so, he damages tangible property of another by negligence involving the use of any potentially harmful or destructive force or substance, such as, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material. Here, the state was required to prove some sort of damage to the property of another. We defendant on this basis, claiming that there was no property damage to another person.
The fourth charge against our client was reckless endangerment in the second degree under Connecticut General Statute § 53a-64.
A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person. We defended claiming that there was really no real risk of physical injury, and our client’s conduct did not rise to the level of being reckless.
We received a favorable outcome for our client, and he was very happy. He also learned the lesson that is was a bad idea to build a large fire in the swimming pool, and ignite the fire with gasoline.
Where to find help?
If you need the help of a criminal defense lawyer contact the lawyers at The Bartinik Law Firm LLC at 860-445-8521. We are here to help you in your time of need.