Contact Attorney Joshua London If You’ve Been Charged With Arson in Minnesota!
Arson is a serious criminal offense in Minnesota, with laws designed to punish those who willfully or maliciously set fires or cause explosions. Minnesota’s arson statutes are structured by degrees, with each degree representing different levels of intent, harm, and property involved. For instance, first-degree arson typically involves intentionally setting fire to a dwelling or occupied building. It is one of the most severe arson charges, often resulting in lengthy prison sentences and heavy fines if convicted. Meanwhile, lower degrees of arson may involve damage to unoccupied structures or personal property but still carry severe penalties.
What is Considered Arson?
In arson cases, the prosecution must prove intent—a critical factor differentiating accidental fires from criminal ones. Intent can be challenging to demonstrate, and sometimes innocent individuals are wrongly accused. For example, an accidental fire due to faulty wiring or spontaneous ignition can sometimes be mistaken for arson. This makes it essential to thoroughly investigate the incident, gather evidence, and understand the fire’s context.
Arson often comes with severe punishments in Minnesota. This is partially because of the unrestrained danger that fire can pose, especially in our packed cities. Contact an experienced Minnesota criminal defense attorney immediately for help if you are being investigated or charged with arson.
The Severity of Arson Charges in Minnesota
Arson is punished in five degrees which attract increasingly greater jail terms and fines, depending on how much damage is done. The degrees are as follows:
- Fifth degree: A person can be charged with arson in the fifth degree if they intentionally set fire to any actual or personal property. This includes setting fire to any part of a building or movable property, even if the property belongs to the defendant. The offense is punishable by up to 90 days in jail or a $1,000 fine.
- Fourth degree: The offense occurs when a person intentionally sets fire to any personal property in a multiple-unit residential building or public building. The offense applies to circumstances that are not serious enough to be charged in the third, second, or first degree. Arson in the fourth degree attracts up to 1 year in jail and fines up to $3,500.
- Third degree: Arson in the third degree is committed if a person intentionally sets fire to property worth $300 to $1,000. The offense also applies if the property was unintentionally set on fire, but the damage could have been prevented. The punishment is up to 5 years in jail and fines up to $10,000.
- Second-degree: The property intentionally set on fire for second-degree arson must be valued at over $1,000. In addition, the circumstances surrounding the offense must be lower than the threshold for arson in the first degree. The punishment is up to 10 years in jail and fines up to $20,000.
- First-degree: This is the most severe arson offense. It is committed when a person intentionally sets fire to a building used as a dwelling place or connected to one, even if no one was home at the time of the fire. The offense also applies if the building set on fire has occupants, even if it is not a dwelling place. Using certain accelerants to set a fire may also result in being charged with arson in the first degree. The punishment is up to 20 years in jail or fines up to $20,000 or $35,000.
A person may also be charged with wildfire arson if they start a fire in the woods that goes out of control. The punishment depends on how many acres burned.
Another offense that may be charged is starting a negligent fire. This applies where someone negligently starts a fire, such as a yard fire on a windy day, that goes out of control and destroys property.
Arson Conviction Consequences
The consequences of an arson conviction extend beyond immediate legal penalties. Individuals convicted of arson may face lasting impacts on their ability to find employment, secure housing, and rebuild their reputation. Additionally, arson charges are often associated with property destruction and endangerment, which can lead to civil lawsuits on top of criminal penalties. The financial and emotional toll on individuals and their families can be overwhelming.
Common strategies for defending against arson charges include:
- Disputing the prosecution’s evidence,
- Presenting proof of accidental causes, or
- Demonstrating that the defendant did not intend to commit the crime.
Expert testimony can also play a vital role in these cases, as forensic experts can analyze burn patterns, witness statements, and other evidence to support a defense. Establishing a lack of intent or providing alternative explanations can be robust defenses in arson cases.
Defend Your Rights
A strong legal defense in arson cases requires a deep understanding of Minnesota’s arson laws and the ability to challenge forensic evidence and investigative procedures. Clients facing arson charges should seek representation that can navigate the complex legal landscape and advocate for their rights throughout the process.
Considering the severe repercussions for anyone convicted of arson, you should contact an attorney immediately if you were charged with any offenses.