Arson Charges Defense

The crime of arson is defined as the willful, malicious or reckless burning of any structure, land or property. In some cases, other charges may be filed if a person is injured or killed as a result of arson, or if a person has been convicted of arson on a prior offense or if the damages exceed a certain dollar threshold.

Regardless of the circumstances, arson can carry some serious penalties if a defendant is convicted, so it is vital if you have been charged with any type of arson crime that you contact Decker & Jones to begin mounting an effective legal defense.

1st Degree Arson

A person can be charged with 1st-degree arson if they set fire, burn, destroy or partially destroy through the use of explosive devices another person’s building or occupied structure.

First-degree arson is a class 3 felony.

2nd Degree Arson

A person can be charged with 2nd-degree arson if they set fire, burn, destroy or partially destroy through the use of explosive devices another person’s property that is not a building or an occupied structure.

If the damage is $100 or more, 2nd-degree arson is a class 4 felony. If the damage is less than $100, it is a class 2 misdemeanor.

3rd Degree Arson

A person can be charged with 3rd-degree arson if they use fire or explosives and intentionally damage any property with intent to defraud.

Third-degree arson is a class 4 felony.

4th Degree Arson

A person can be charged with 4th-degree arson if they knowingly or recklessly start or maintain a fire or cause an explosion, that places another person in danger of death or serious bodily injury or places a building or occupied structure in danger.

Fourth-degree arson can be a class 4 felony, or a class 2 or class 3 misdemeanor.