Turning Up the Heat: Degrees of Arson and Punishment in Minnesota
Your standard house fire may burn at 1,100 degrees, but when it comes to arson charges there are only five degrees. Yet, each one of those degrees of arson come with punishments that could leave you feeling a little hot under the collar. If you are arrested for arson, no matter what charge you face, you should be ready to fight for your freedom. However, you must be prepared to properly craft your defense.
Degrees of Arson Charges
Arson is charged in five levels, or degrees, based on a number of factors. First degree is the most serious and carries with it the most severe consequences, while fifth degree is relatively minor charge with minimal consequences. However, any of the below charges are not something you want on your record.
First Degree Arson
This is the highest degree of an arson charge that you can face. You will be charged with first degree arson if any of the following is true:
- You burn down a house or anything considered as a “dwelling” where people live.
- You burn down any building in which people were inside at the time.
- An accelerant is used to burn down any building.
If you fit any of those three subdivisions, you will be charged with first degree arson. Punishments for this offense include up to 20 years in prison as well as up to $20,000 fine
Second Degree Arson
Second degree arson is classified as destroying any unoccupied structure through the use of fire or explosives as well as destroying property that has a value of more than $1,000 such as lighting a car on fire, for example.
Being convicted of second degree arson comes with a maximum fine of $20,000 as well as up to 10 years in prison.
Third Degree Arson
This narrow fact pattern covers arson crimes that destroy property valued between $300 and $1,000 with fire or explosives. This crime comes with a punishment of a maximum of five years in prison as well as the possibility of a $10,000 fine.
Fourth Degree Arson
Fourth degree arson can be a confusing charge to face. Unlike other charges, it doesn’t have a specific property value attached to it and it can quickly skip the other degrees and rise to first degree arson. The law states that fourth degree arson is to be used for those who purposely set fire to personal property in a home or public building, but does not qualify for the other degrees of arson.
As a gross misdemeanor offense, you face punishment up to a year in jail and as much as $3,000 in fines.
Fifth Degree Arson
As the lowest form of arson charge, fifth degree arson basically covers what any of the other degrees do not. For example, if you set fire to a tissue and it caused damage to property, even if it was just a few ash stains on the carpet, it could be fifth degree arson. As a misdemeanor crime, you face punishments of 90 days in jail or up to $1,000 in fines.
Need Help? Contact A Minneapolis Arson Defense Lawyer!
As you can see, arson charges and the punishments for those charges ramp up quickly and exponentially. This is one of the many reasons that playing with fire is dangerous. However, if you are in the Minneapolis area and have been arrested for arson, you need to take your defense very seriously. If you are in trouble and need a criminal defense attorney that will fight for your freedom, contact us today. Let Kinsella & Foley Defense look over your case to help get you the best possible outcome.