Arson is a serious criminal offense that can cause irreversible harm to people, property and communities. Whether it involves setting fire to a building, a vehicle or a vacant lot, arson is investigated and prosecuted with close attention to the circumstances and intent behind the act.
The FBI defines arson as the willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, public building, motor vehicle, aircraft or personal property of another. This broad definition helps categorize different degrees of arson based on what was burned, the intent and the potential or actual harm caused.
Understanding the degrees of arson
Each degree of arson is based on the severity of the act, the type of property involved and the presence or absence of people at risk.
- First-degree arson: This is the most severe level. It involves intentionally setting fire to an occupied building or dwelling. Because it places lives in immediate danger, it carries the harshest criminal penalties.
- Second-degree arson: This charge applies when someone intentionally sets fire to an unoccupied structure. While no one may be present at the time of the fire, the damage to property can still be extensive and lead to felony charges.
- Third-degree arson: Third-degree arson may involve setting fire to personal property such as vehicles, equipment, or land. It can also include fires started with the intent to commit insurance fraud, regardless of who owns the property.
- Fourth-degree arson: This degree typically involves reckless behavior rather than deliberate intent. For example, someone who mishandles fire or flammable materials and causes property damage may be charged at this level.
- Aggravated arson: This enhancement applies when a fire results in physical injury, death, or involves highly dangerous circumstances such as the use of explosives. Penalties are typically increased due to the added risk to human life.
Because arson charges can carry severe legal consequences, it is important to seek legal guidance to understand your rights and prepare an appropriate defense.
