Arson is more likely to be charged as a felony when it causes or poses a risk of great bodily injury or involves the burning of an inhabited structure or place of worship.
Arson is more likely to be charged as a misdemeanor when there is minimal property damage – though in some states, arson is always a felony.
The legal definition of arson is largely the same throughout the U.S., which is the intentional and malicious setting of fire to some type of:
- property (including your own property and the property of others),
- structure, or
- forest land.
1. When do arson charges get filed as felonies?
The arson laws of some states say that the crime is always charged as a felony.1
Other states divide arson cases into different degrees of arson, for example:
- first-degree arson,
- second-degree arson, and
- third-degree arson.
The facts of an arson case will dictate which degree of arson you ultimately get charged with. Typically, the lower the number of degree, the more severe the offense (and the greater the likelihood that you will face a felony arson charge).
In deciding what degree of arson to charge, prosecutors usually take into account such factors as:
- the type of property that was set fire to,
- the value of the property burned,
- the amount of property damage,
- whether someone was hurt in a fire, and
- the arsonist’s intent in committing the crime.2
You will likely get charged with felony arson for a low degree of arson that involves:
- the burning of an inhabited structure,
- the burning of a place of worship,
- a risk of injury to someone, and
- actual injury to a person.3
You may also face felony charges if you set fire to your own property with the intent to defraud an insurance company (the crime could be charged as either insurance fraud or a form of arson).4
A felony conviction of arson is usually punishable by:
- custody in state prison, and/or
- substantial fines.
2. When is a charge of arson a misdemeanor?
Some states say that arson is a misdemeanor if it falls into a specific degree of arson. For example, New York law says that arson in the fifth degree is a misdemeanor offense.5
Other states say that arson is a misdemeanor if the crime results in relatively minimal property damage.6
Misdemeanor arson is typically punishable by:
- custody in county jail (as opposed to state prison), and/or
- a fine.
3. Is there a difference between simple arson and aggravated arson?
Some states make a distinction between “simple arson” and “aggravated arson.”
In the states that do, simple arson generally refers to the intentional and malicious setting of fire to:
- property, or
- forest lands.7
In contrast, some states say that you commit aggravated arson if you:
- set fire to or blow up some type of property, and
- at the time, you foresaw that another person could be injured in the act.8
Depending on the facts of your case and the state you are charged in, both simple arson and aggravated arson could lead to felony charges.
However, some states may say that simple arson is a type of misdemeanor offense.9
4. Should you consult with a criminal defense attorney?
Yes. You should get legal help from a criminal defense lawyer or law firm/law office if you are facing an arson charge.
A criminal lawyer can help by:
- advising you on the criminal laws that apply to your case,
- working to make sure you avoid a state prison sentence,
- ensuring that you keep your criminal record clean, and
- contesting criminal charges with a legal defense.
Legal References:
- See, for example, California Penal Code 451 PC. See also Florida Statutes 806.01.
- See, for example, Nevada Revised Statutes 205.010 – 205.025.
- See, for example, Oklahoma Statutes 21-1401. See also 720 Illinois Compiled Statutes 5/20-1; and, Black’s Law Dictionary, Sixth Edition – “Arson.”
- See, for example, Connecticut General Statutes 53a-113. See also Connecticut’s Official State Website, “Arson Fraud questions and answers.”
- New York Penal Law 150.01.
- See, for example, Utah Code 76-6-102 (arson is a Class A misdemeanor if it results in $1,500 in property damage or less).
- Black’s Law Dictionary, Sixth Edition – “Arson.”
- See same.
- See again New York Penal Law 150.01.
