Generally speaking, ARSON is to deliberately use fire or explosives to damage or cause harm to a building or another person. There are five degrees to arson, with first-degree being the worst. However, there are other actions that constitute as arson, such as dangerous smoking or causing a wildfire. If you have been charged with arson, it is incredibly crucial that you get in contact with an attorney to figure out your next steps, given the seriousness of the crime and its punishments. Contact us now at 651-364-1508 to see how we can help.
First-degree Arson
A person is guilty of arson in the first degree if they intentionally destroy or damage a dwelling (whether or not habitants are present), a building next to the dwelling, or any other building, by means of fire or explosives. This is a felony-level offense with a sentencing of imprisonment for up to 20 years and/or a fine of $20,000. The fine may be raised to $35,000 if the defendant commits the crime knowing that there is someone present inside the building, as per MN Statute 609.561.
Second-degree Arson
Arson in the second degree is to unlawfully use fire or explosives to intentionally destroy or damage any building not covered in MN Statute 609.561, regardless of its value or otherwise any real or personal property worth more than $1,000 (including the defendant’s). This is another felony charge, and it carries a prison sentence of up to 10 years and/or to payment of a fine no more than $20,000, as per MN Statute 609.562.
Third-degree Arson
Third-degree arson refers to the unlawful use of fire or explosives to intentionally destroy or damage any real or personal property worth more than $300 but less $1,000. You may be sentenced to prison for up to 5 years and/or a fine of up to $10,000, as stated in MN Statute 609.563.
Fourth-degree Arson
Arson in the fourth degree is to intentionally use fire or explosives to set fire to, burn, or cause to be burned any personal property within a multi unit residential building (a building with more than two apartments) or public building (such as a hotel, motel, dormitory, nursing home, theater, etc.). This is punishable to imprisonment for no more than one year and/or to a fine of no more than $3,000, as per MN Statute 609.5631.
Fifth-degree Arson
Lastly, a person is guilty of fifth-degree arson if they intentionally use fire or explosives to set fire to, burn, or cause to be burned any real or personal property of value. This is a petty misdemeanor and you may be sentenced to imprisonment for no more than 90 days or to payment of a fine of no more than $1,000, or both, according to MN Statute 609.5632.
Other
Negligent fire
Causing a fire to burn or get out of control enough to cause damage or harm to another is a punishable offense. This may be the result of If great bodily harm is caused to another individual, you may be sentenced to imprisonment for no more than 5 years and/or to a fine of no more than $10,000, depending on the severity of harm caused, according to MN Statute 609.576.1.
Dangerous Smoking
A person is guilty of a misdemeanor if the person smokes in the presence of explosives or inflammable materials. If a person violates this subdivision and knows that doing so creates a risk of death or bodily harm or serious property damage, the person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, according to MN Statute 609.576.2.
Wildfires
A person who intentionally sets a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material is guilty of this felony offense. Sentencing depends on the severity of the offense, which are described in MN Statute 609.5641.
What should I do?
Contact us at 651-364-1508 to see how we can help with your case.