Arson includes any intentional fire or explosion that results in any burning, charring or scorching of a building or structure. In all states the burning, charring or even soot or smoke damage is not required to be of a particular level before arson charges can be placed. In other words, arson charges occur at the time of intentionally setting the fire, not after the damage the fire caused is determined.
Arson Penalties
There are different levels or categories of arson. Any arson that includes schools, homes, public buildings or churches is 1st degree, unoccupied residences and vehicles is 2nd degree and burning or attempting to burn person property is 3rd degree. There are also different types of arson such as arson for insurance fraud or aggravated arson where death or injury results because of the fire, whether this was intentional or not at the time of setting the fire. Aggravated arson carries the most serious penalties and typically only jail time will be considered, with parole or probation to follow.
Possible Penalties
- Jail Time – typically not less than one year
- Fines and court costs
- Probation and electronic monitoring
Arson Sentencing
Although a felony crime there is some possible lighter sentencing especially if the damage was not significant and only involved the burning of personal property rather that a building or vehicle. In situations where the fire didn't cause much damage if any, probation and counseling may be ordered in lieu of any prison time. An attorney will be essential in representing you in this pre-hearing plea options and getting the best possible sentence.
Hire A Lawyer For Arson Charges
With the serious nature of these types of charges and the long term impact it will have on your life it is essential to retain a criminal defense attorney with experience in arson laws. There are options for expert testimony, having professional mental health experts and even knowing correct protocol for arson investigations that can impact on the sentencing in your case.
- If you have been charged with Arson, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
