Arson & Negligent Fires Defense Attorneys
An arson charge in Minnesota involves the unlawful destruction or damage of a building or personal property by means of fire or explosives. The severity level of the offense depends upon the type of building burned, whether it was occupied, whether an accelerant was used, and the amount of damage caused.
The best evidence may come from what you say. If you find yourself the subject of an arson investigation, immediately contact North Star Criminal Defense and do not make any statements until you consult with us. The most serious offense level carries a maximum penalty of 20 years in prison and a $35,000 fine. It is critical that you retain Minnesota arson defense attorneys who have the experience and ability to work the case up and fight for you.
What Counts as a Building in a Minnesota Arson Case?
Before diving into the levels of offense, it is necessary to highlight that the definition of “building” for purposes of the arson crime includes the standard meaning given to it, as well as any “tent, watercraft, structure or vehicle that is customarily used for overnight lodging.” Much broader than what you would anticipate, right?
What Is Arson in the First Degree in Minnesota?
Arson in the first degree consists of three separate acts:
- The unlawful, intentional destruction or damage of a building that is used as a dwelling at the time the act is committed, by fire or explosives. It also includes any building appurtenant to or connected with a dwelling. It is irrelevant if a person was or was not inside the dwelling at the time of the act. The maximum sentence is 20 years imprisonment and/or a fine of $20,000.
- The unlawful, intentional destruction or damage of a non-dwelling building by fire or explosives when another person who is not a participant in the crime is present in the building at the time and the defendant knew that, or when there was a reasonable possibility that such a person could have been present. The maximum sentence is 20 years and/or a fine of $35,000.
- The unlawful, intentional destruction or damage of a non-dwelling building by fire or explosives when flammable materials are used to start or accelerate the fire. There are multiple definitions of what is included as “flammable materials.” The maximum sentence is 20 years and/or a fine of $20,000.
What Is Arson in the Second Degree in Minnesota?
Second degree arson is the unlawful, intentional destruction or damage by fire or explosives of any building not covered by first-degree arson, no matter what its value, or any other real or personal property that is valued at more than $1,000. The maximum sentence is 10 years and/or a fine of $20,000.
What Is Arson in the Third Degree in Minnesota?
Third degree arson is the unlawful, intentional destruction or damage by fire or explosives of real or personal property when the property intended to be damaged or destroyed had a value of more than $300 but less than $1,000. It can also apply when property valued at $300 or more was unintentionally damaged or destroyed, but that damage or destruction could reasonably have been foreseen, or when the property in the aggregate had a value of $300 or more. The maximum sentence is five years and/or a fine of $10,000.
What Is Arson in the Fourth Degree in Minnesota?
Fourth degree arson is the intentional burning of any personal property in a multiple-unit residential building or public building. It is a gross misdemeanor crime, making the maximum sentence one year and/or a fine of $3,000. Fourth degree arson is only available when 1st-3rd degree arson was not committed. A “public building” is defined by statute to include a hotel, hospital, motel, dorm, nursing home, theater, stadium, gym, school, museums, bars, churches, etc.
What Is Arson in the Fifth Degree in Minnesota?
Fifth degree arson is the intentional burning of any property, regardless of the property’s value. This is the catch-all crime for any arson-type crime that doesn’t neatly fit into one of the above scenarios. It is a misdemeanor crime, making the maximum sentence 90 days and/or a fine of $1,000.
What Is Wildfire Arson in Minnesota?
Wildfire arson is intentionally setting a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material. This is a felony offense with the maximum sentence dependent upon the scope of the fire.
| Wildfire Arson Circumstance | Maximum Penalty |
|---|---|
| Standard wildfire arson offense | Not more than five years and/or a fine of not more than $10,000 |
| The fire threatens to damage or damages in excess of five buildings or dwellings, burns 500 acres or more, or damages crops in excess of $100,000 | Not more than 10 years and/or a fine of not more than $15,000 |
| The fire threatens to damage or damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages crops in excess of $250,000 | Not more than 20 years and/or a fine of not more than $25,000 |
| The fire causes another person to suffer demonstrable bodily harm | Not more than 10 years and/or a fine of $15,000 |
It is a gross misdemeanor to possess a flammable, explosive, or incendiary device, substance, or material with the intent to commit wildfire arson. The court may also order restitution, including fire suppression costs, damages to the owner of the damaged land, costs associated with injuries sustained by a member of a municipal or volunteer fire department, and other restitution costs allowed by law.
What Are Negligent Fires in Minnesota?
Negligent fires is the crime for when a person grossly negligently causes a fire to burn or get out of control, thereby causing damage or injury to another. If there is an injury to a person, the crime is either a felony or gross misdemeanor depending on the severity of the injury. If the injury is only to property, the crime ranges from a felony to a misdemeanor depending on the amount of property damage.
Case Results
To see just how successful our approach is, here are some representative case results:
State v. M.G.
Charges: 1st and 3rd Degree Arson, and Negligent Fires. All felonies.
Resolution: Client pled guilty to negligent fires as a gross misdemeanor. It was of utmost importance to keep a felony off of his record. The facts pointed to his actions causing the fire. Still, through diligent and strategic negotiations, the client was only convicted of a gross misdemeanor offense. The State didn’t even agree to this plea deal, but remained silent, meaning the Court had to be convinced this was the right and just result – which was no easy feat considering the victim gave a powerful victim impact statement at sentencing. The client is thrilled with the outcome.
State v. T.L.
Charges: 1st Degree Arson – Felony, Mandatory Prison Commitment
Resolution: Stay of Imposition to an amended count of 3rd Degree Arson. In addition to getting a stay of imposition in which the client’s criminal record will be a misdemeanor after successful completion of probation, the State also agreed not to charge an additional felony count. The client received half the time in jail the State was requesting and minimal conditions for her to follow in order to earn that misdemeanor record. For a single mother with a bright future, the client was thrilled to avoid prison and a felony record.
The best evidence may come from what you say. If you find yourself the subject of an arson investigation, immediately contact North Star Criminal Defense and do not make any statements until you consult with us.
Arson in the first degree is the most serious arson offense discussed here. Depending on the facts, it can carry a maximum penalty of up to 20 years in prison and a fine of up to $35,000.
No. For first-degree arson involving a dwelling, it is irrelevant if a person was or was not inside the dwelling at the time of the act. The statute focuses on the unlawful, intentional destruction or damage by fire or explosives of a building used as a dwelling at the time the act is committed.
Yes. Second-degree and third-degree arson can involve real or personal property, depending on the value and circumstances. Fifth-degree arson is the catch-all crime for intentional burning of any property that does not fit neatly into the higher arson levels.
The maximum sentence for wildfire arson depends on the scope of the fire. Higher penalties can apply when the fire threatens or damages many buildings or dwellings, burns large acreage, damages crops above statutory amounts, or causes demonstrable bodily harm.
Possessing a flammable, explosive, or incendiary device, substance, or material with the intent to commit wildfire arson is a gross misdemeanor. That is separate from actually setting a wildfire, which is a felony offense.
Arson generally involves intentional destruction or damage by fire or explosives. Negligent fires applies when a person grossly negligently causes a fire to burn or get out of control, thereby causing damage or injury to another.
North Star Criminal Defense – Proven Success in Fighting Arson Charges
If you are facing arson or negligent fire charges, it is imperative that you hire Minnesota arson defense attorneys who know how to build up your defense on your behalf. North Star Criminal Defense has experience in getting favorable results for clients facing these charges throughout Minnesota. We have a team of investigators that are available and can discover key evidence to build a successful defense. We are Not Always Minnesota Nice to your benefit. Contact us now.