Q: If a 2nd degree arson charge drops from 53-81 months to 3rd degree arson 0-5 months do I stand a good chance of winning?
This was my own home and we had no insurance so we lost everything and I was the one that called 911 there's no ignition Source or accelerant they don't even know what started the fire I assumed I am being charged because I was the only one there at the time so they tried to make me plea deal to 3rd degree arson. They went from 51 to 83 months prison down to 0 to 5 months only probation if I have a good Community Corrections report should I hire an attorney or stick with my court appointed attorney and do I have a good chance of beating this if I take it to jury trial because I do not want to be convicted of something I did not do
A:
You should first check with your attorney to determine your guidelines on each charge. 2nd degree arson is a 20 year felony, and 3rd degree arson is a 10 year felony. I doubt that if your guidelines on a 2nd degree would 51 to 83 months, that they would drop that significantly down to 0-5 months. So I think there is some misunderstanding or misinformation there.
I would not take an offer to a reduced charge in general as an indication of how strong the case may be against you. There are many factors and reasons that go into plea bargaining.
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