Arson in Texas | The Charge and Defenses
What is arson in Texas?
Arson occurs in Texas if a person starts a fire or explosion with the intent to destroy or damage property, including buildings, homes, vehicles, land, fences, or vegetation. Arson is a felony in Texas, but the level of felony varies based on certain factors which we will explain in this article. The lowest level arson case is a state jail felony and the highest is a first degree felony, so the level of offense truly runs the gamut.
What is the mental state requirement for arson in Texas?
The mental state requirement for a crime, also known as “mens rea,” is a crucial component of criminal law. It refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
Arson – Intentional Mental State
It’s illegal to intentionally set fire or cause an explosion to destroy or damage:
- any vegetation, fence, or structure on open-space land;
- any building, home, or vehicle, especially if you know that it is within a city or town, it’s insured, it’s under a mortgage, it’s on someone else’s property, it has someone else’s property inside it, or if you’re careless about whether the fire or explosion could risk someone’s life or their property.
It’s also illegal if you intentionally start a fire or explosion and by doing so, you either recklessly damage or destroy someone else’s building, or you cause another person to be hurt or killed. Here the intentionality goes to the act of setting the fire.
Arson – Reckless Mental State
It is illegal if you recklessly start a fire or explosion while making or trying to make illegal drugs, and the fire or explosion damages any building, home, or vehicle.
Exceptions to the Arson Statute
It is not arson if the fire or explosion was part of a controlled burning of open-space land, or if you got a permit or other written authorization from the city before starting the fire or causing the explosion.
What is the punishment for arson in Dallas?
Arson is a serious offense, and a conviction can bring severe penalties. A skilled Dallas arson lawyer is a necessity to help fight against the following charges.
First-degree felony: Causes bodily injury or death and is punishable by five years to life in prison. If the burned or exploded building is a religious habitation or a place of worship such as a church or a mosque, it is also a first-degree felony.
Second-degree felony: Intentionally starting a fire to damage property – as opposed to causing death or serious harm – and is punishable by up to 20 years in prison. Generally, most arson charges fall under the second-degree felony level.
Third-degree felony: Recklessly starts a fire or causes an explosion while producing a controlled substance which results in bodily injury or death, and is punishable by two to 10 years in prison. These cases are often the result of someone cooking methamphetamine or a similar illegal substance.
State jail felony: All other fires or explosions that result from cooking methamphetamine or similar conduct that causes damage to a vehicle, building, or home are punishable by six months to two years in state jail. An individual may also face a state jail felony if they start a fire or explosion that leads to reckless damage or destruction to a building, reckless injury, or death.
When is arson a federal crime?
Arson can be prosecuted at either the state or federal level. Under Federal Statute 18 U.S.C. § 844(i), a federal arson offense could result if a fire or explosion was intentionally meant to destroy government-owned property.
Federal arson law also includes starting a fire or explosion in specific territorial and maritime locations or conspiring as such in the United States. If an arson case fails to meet these requirements, it will be prosecuted at the state level.
What are the penalties for a federal arson conviction?
In most cases, the penalties for arson are related to the specific circumstances involved, including the extent of damage caused by the fire or explosion, if any person was injured or killed, and whether or not the fire/explosion was allegedly caused maliciously or recklessly.
The penalties for a federal arson conviction are severe and include the following:
- A prison sentence of up to 25 years; and
- Fines that are equal to or greater than standard fines set forth by Title 18; and/or
- A payment that covers the cost of repairing/replacing destroyed property.
Suppose a person was injured or killed as a result of arson. The defendant could also face more severe charges and penalties in that case. Furthermore, anyone accused of arson may face civil consequences and be required to pay restitution for property damage or bodily injuries.
It is also important to note that an attempt or conspiracy to commit arson can be sufficient to result in criminal charges, regardless of whether or not arson occurred. Quickly finding a Dallas arson lawyer for all of these scenarios should be your first move.
What are the collateral consequences of a Dallas arson conviction?
An arson conviction can cause disastrous collateral consequences in your life. Beyond the potential prison time and fines, an arson conviction will devastate your personal and professional life. Renting a home and finding work will be difficult. Finding an experienced Dallas arson lawyer to fight a conviction is so important.
A conviction for intentionally setting fire to a church or place of worship or causing bodily injury or death is a first-degree felony and carries a sentence of five years to life. Other fires, including those associated with producing illicit substances, can be classified as a third-degree felony and carry up to ten years in prison. Each of these felonies could include fines of up to $10,000.
Facing Dallas arson charges? Call Varghese Summersett.
Arson investigations often include unfounded pseudoscience that could be a prime target of attack in the case by our Dallas arson lawyer. The Varghese Summersett team includes Board Certified criminal defense attorneys with unmatched results defending serious felonies. For a free consultation, call us at 214-903-4000.
