Arson involves setting fire to property intentionally. While in the majority of cases, starting a fire can be charged as a felony, there are situations where your charge can be reduced to a misdemeanor. Arson is a crime that states have divided into different degrees of severity. If the dwelling burned was unoccupied at the time of the burning, the offense is Arson is a Class C felony and carries a potential sentence of 3-15 years in prison and fines up to $10,000. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. Some states, like Arizona, allow defendants to raise voluntary intoxication, or being drunk, as a defense. Arson in the third degree is a class C felony. As mentioned, arson is the setting of a fire or causing of an explosion combined with another element. 20-1.1) Sec. Aggravated Arson. 7. Arson in the first degree. Non-violent crimes do not Felony offenses are more serious than misdemeanor offenses, and typically involve significant damage to property or fires set in homes, dwelling places, or buildings with people inside of them. There shall be two degrees of arson as defined at the common law. If you commit arson in violation of federal law, it is not up to you where you will be prosecuted. More serious than simple arson, aggravated arson carries much harsher sentences. State v. Washington, 5 Or App 347, 483 P2d 465 (1971), Sup Ct review denied This is a Class I felony, punishable by up to 3 years and 6 months in prison, a $10,000 fine, or both. Arson is a Class 2 felony. Arson in the second degree. Elements of Felony Arson Beyond Sentencing: Other Consequences of Felony Convictions. Arson is an example of one of those types of conduct. In some states, arson can be either a misdemeanor or a felony, while in others it’s always a felony. Often, arson results in damage to residential or commercial buildings, but in some cases it can result in damage to public property, such as a national forest. Willful or Malicious Arson. Aggravated Arson. If less than $500, the offense is a first degree misdemeanor. A person convicted in court of a felony becomes labeled a felon. 20-1.1. A couple of states have a lower charge of state jail felony arson or misdemeanor arson, but for many, third degree arson is the lowest category. 4. Others limit the use of voluntary intoxication for misdemeanor arson charges based on reckless conduct. Prison terms, based on the circumstances of the crime, are: Malicious arson of personal property: 16 months, 2 years, or 3 years; Malicious arson of a structure or forest land: 2, 4, or 6 years There are certain types of arson offenses that are illegal under both federal law and state law. Arson is a crime of willfully and maliciously setting fire to or charring property. Crimes considered a felony can include: aggravated assault and/or battery, arson, burglary, domestic violence, drug-related crimes, DUI, fraud, kidnapping, manslaughter, murder, rape, robbery, theft and vandalism. California Arson Laws at a Glance The chart below contains specific references to … Even if the crimes of arson or aggravated arson don't apply, a person can still be held criminally liable for unlawfully causing a fire if he or she recklessly sets fire to any structure, forest land or property. 38, par. Any felony punishable by death or imprisonment in the state prison for life. Ref: TCA 39-14-301. 97-1108, eff. Arson laws and penalties vary by jurisdiction. How Serious Is an Arson … As previously mentioned, felonies tend to be more violent in nature; however, there are several non-violent felony crimes. Residential arson or place of worship arson is a Class 1 felony. Completed Cita­tions. Insurance fraud occurs when individuals purchase insurance on their homes, vehicles, businesses, or anything insurable, and burn those things to the ground for the insurance money. An experienced criminal defense attorney can help evaluate the evidence against you and develop a strong defense on your behalf. The penalties associated … For this reason, you will need a trial lawyer who has the experience and knows the law. Though the act typically involves buildings, the term arson can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. Most states no longer require that the property damaged or destroyed be a dwelling or even a building, and the knowing burning of personal property without consent or with unlawful intent is generally enough to constitute arson.1 Although arson is generally a felony, many state laws include different degrees of severity depending on the defendant's intent, how the fire or explosion was caused, and whether the fire or explosion resulted in physical injury or death. Considered a serious violent felony, arson is a charge that involves willfully or unlawfully causing damages by fire or by explosion. A common motive for arson is to commit insurance fraud. Arson is a serious criminal charge and a convicted will impact your future for years to come. According to the National Fire Incident Reporting System, almost 17,000 acts of arson occur annually in the United States, leading to over half a million dollars in property losses each year. In California, willful or malicious arson is always a felony offense punishable by incarceration in the California state prison. In some situations and in some states, arson may only amount to a misdemeanor offense, though felony charges are also possible. Since arson is charged as a felony, a conviction of this crime will result in the defendant losing his rights to own and possess a gun. A few other crimes, such as felony abuse of a vulnerable person or assistance-program fraud, have five- or six-year limits. Arson in sec­ond de­gree may be lesser included of­fense under indict­ment for arson in first de­gree of an­oth­er’s protected prop­erty. There are … Punishment for arson. Sentences and Fines for Arson Charges Potential sentences are slightly lower in cases of arson to property other than a building. Arson and Other Burnings. Arson. § 14-58. You may be charged with first-degree arson if you set fire to occupied property. Due to fire’s volatile nature and the potential for people to be injured or die, arson is typically classified as a felony rather than a misdemeanor. First-degree arson is a felony. (Miss. According to § 150.10 of the New York penal law, a person is guilty of arson in the third degree when s/heintentionally damages a building or motor vehicle by starting a fire or causing an explosion. A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. A person commits first-degree arson if he/she willfully or maliciously sets fire to: 1. a multi-unit building where at least one unit is a dwelling, 2. property and someone is physically hurt as a result, and/or 3. a mine. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Are there related offenses? Code § 99-1-5 (2020).) An arson conviction can result in a lengthy prison sentence on top of hefty fines and restitution for any property damage. Arson is defined as the willful and malicious burning of the property of another. Arson is considered a property crime in the state of Kansas. 1-1-13.) So, setting fire to a building that had people in it at the time could lead to a first-degree arson charge. A person may commit this crime for a number of reasons, such as covering up a crime they previously committed or deceiving an insurance company in … It is considered a violent crime and is treated as a felony in most states. 1. Frequently, arson is associated with insurance fraud, which is a serious felony. Definitions of misdemeanor arson vary by state, so the defensive options will also vary. (720 ILCS 5/20-1.1) (from Ch. (a) Arson that causes great bodily injury is a felony punishable by … Arson in the first degree is a class A felony. Felony arson is the crime of willful and malicious burning of property, including buildings, structures, vehicles, or parks, forests and preserves, where the value of the property or the amount of the damage caused is over $500. F. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony. State v. Gibson, 42 Or App 575, 600 P2d 962 (1979), Sup Ct review denied. Arson in the first degree is the most serious arson charge. Punishments tend to be a more severe felony charge due to the potential to cause injuries or death. Search by Keyword or Citation; ... An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense. Prison. 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