Arson

Types of Arson Charges

Arson of a vehicle or open-space land is a state jail felony (180 days to 2 years). Arson of a building is a 2nd degree felony (2–20 years). Arson of a habitation (home) or place of worship is a 1st degree felony (5–99 years). If anyone suffers bodily injury or death as a result of the arson, the charge is elevated to the next higher degree.

Insurance Fraud and Arson

Arson committed to collect insurance proceeds is a common scenario. In addition to the arson charge, defendants may face insurance fraud charges. These cases often involve fire investigators, insurance company investigators, and forensic experts who analyze the fire scene for evidence of intentional ignition.

Fire Investigation Evidence

Arson cases rely heavily on fire investigation evidence, including burn patterns, accelerant detection, and expert testimony about the fire's origin and cause. An experienced defense attorney will retain independent fire investigation experts to challenge the prosecution's evidence and present alternative explanations for the fire.

Reckless Burning

Texas also criminalizes reckless burning or exploding (§ 28.03), which involves recklessly starting a fire that damages property. This is typically a Class A misdemeanor but can be elevated if the property is a habitation or if someone is injured.

Potential Penalties

• › Vehicle or open-space land: State jail felony (180 days to 2 years
• › Building: 2nd degree felony (2–20 years
• › Habitation or place of worship: 1st degree felony (5–99 years
• › Bodily injury or death: Elevated one degree
• › Additional insurance fraud charges possible

Possible Defenses

• › The fire was accidental, not intentional
• › Lack of intent to damage or destroy property
• › Challenging fire investigation methodology
• › Independent expert testimony on fire origin and cause
• › Alibi
• › Insufficient evidence of intentional ignition

Frequently Asked Questions