Legal Question in Criminal Law in Washington

Reckless Burning 2

I bought some fireworks for the forth of July. I live in a dry area, but there is a stream nearby, so I tried to aim all my fireworks in the stream�s direction. I don't know exactly how, but somehow a small fire started. I tried to put it out, but it spread so I quickly called the fire department, which put out the fire. The size of the burned area is small, with no damage to any property. However, the police informed me the fireworks I had were illegal. I was unaware of this, as the firework stand was only about 20 minutes from my house and the ad for the stand was in my local paper.

A couple weeks later I got a letter saying that I was being charged with reckless burning 2, and illegal discharge of fireworks. However, the charge of reckless burning states that the party involved knowingly set a fire, and it is classed with malicious mischief. However, the fire was totally accidental and I had immediately informed the authorities. Is this charge valid?

Also, do I have any way to plead innocent on the firework charge, as I had no knowledge that it was illegal? I have no previous criminal history. Thanks for any help.


Asked on 7/26/07, 8:29 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Reckless Burning 2

All crimes have a "mens rea" requirement--often "intent" but at a minimum "knowledge." Since it is impossible to get inside someone else's head, a jury is allowed to infer intent/knowledge from the actions. Based on the facts as you state them, an accident, it seems reasonable that a jury would see you as not being guilty of any crime. You should enter pleas of not guilty and get an attorney to assist you. If you'd like my help contact me directly.

At your service,

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Answered on 7/26/07, 11:26 am


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