Can I be charged with arson for using illegal fireworks?

It happens almost every Fourth of July. People start celebrating the holiday with fireworks: sometimes even illegal fireworks. Fortunately, most of the time no accidents, fires or injuries occur; however, there are those incidents that do occur and lead to serious penalties. There are great risks when using illegal fireworks and since the consequences can result in high physical and property damage the penalties if caught are also fairly steep.

You can be charged with arson for using illegal fireworks along with criminal possession. These fireworks can result in destruction to property so arson charges are considered legitimate under these circumstances. The common law for arson defines it as, "intentionally and maliciously setting fire to a structure." Now, most states have removed the requirement that the fire was set to a structure of dwelling, broadening the definition of arson to intentionally and maliciously setting a fire to property. This would also include malicious explosions as well.

Arson penalties start at having to pay for the damage caused by the fire. It can also include between 1 and 10 years in prison. Each state has its own version of arson charges which vary in degree and special circumstances they will consider. For example, a person could be charged with first degree arson if they knowingly and intentionally set a fire, or they could receive second degree arson for recklessly causing a fire. Depending upon circumstances, a repeat offender will likely face prison time between 10 years to life. Should people be injured in the fire, or professional firefighters be harmed in the course of their efforts to put out the fire, the arsonist will face an aggravated arson charge which can result in even longer prison time: 3+ years up to life depending upon the damage and injury caused. If an individual actually died as a result of the fire, the arsonist would also be facing either murder or manslaughter charges.