Arson is the willful and malicious burning or charring of a property or of a structure. In the past, an act was only considered arson if the individual who committed the burning set fire to a house or to the residence of another individual.
Arson laws have been expanded to cover other types of property, including:
- Commercial property;
- Forest land;
- Vehicles;
- Boats; and
- Personal property. Some states specify that the property must be worth over $25, such as laptops, rare books, etc.
Generally, arson statutes classify arson as a felony offense due to the potential types of serious injuries or even death that may result from an act of arson. Felonies are criminal offenses that are considered to be more serious in nature and, in general, are punishable by more than one year of incarceration.
Every state has arson laws. There are, however, some distinctions between how each state’s laws punish or categorize arson as a crime.
Generally, the elements of arson include:
- Intent: The crime may only be classified as arson if the individual intentionally burned property belonging to another person, without that individual’s permission and consent. This means is that an individual may not be convicted of arson if they accidentally set fire to something;
- Recklessness: Certain states consider a crime to be arson if the individual also damaged property belonging to another person as a result of their recklessness. In addition, the arsonist must have been aware that their actions were dangerous and could cause dangerous results; and
- Property damage: In order for a crime to be considered arson, the property that was burned must have actually been damaged. There must have been some type of charring or destruction of the property for a defendant to be found guilty of arson. If no damage resulted from the actions of the defendant, no arson was committed.
Is it Arson to Burn Down Your Own Building or Property?
If an individual intentionally sets fire to and burns down their own home or building for the purpose of insurance fraud or for any other purpose, they can be found guilty of arson. Arson laws used to only apply to setting fire to the house of another individual.
Currently, however, there are numerous types of arson laws in place to prevent individuals from intentionally and fraudulently causing fires.
What are the Different Degrees of Arson?
There are numerous states that categorize arson into different degrees. These degrees differ by state and are often based on factors of the crime.
There are some general factors that states consider when establishing the degrees of arson, including:
- The type of building burned. For example, burning a church, school, or house is typically considered to be a worse category arson than burning an abandoned building;
- The value of the building burned;
- The proximity of other individuals to the structure that was burned. For example, burning a building in a location where individuals are more likely to be hurt is considered to be worse than burning a structure in a deserted area; and
- Whether the arsonist accepted payment or paid for the burning of the structure.
Most states classify arson in the following degrees:
- First Degree: The perpetrator set fire to an occupied home or building;
- Second Degree: The perpetrator set fire to an empty or abandoned structure; or
- Third Degree: The perpetrator set fire to an abandoned area of property, such as a vacant field or lot.
What are the Consequences of Arson?
In general, the higher the degree of arson, the more strict the punishment or penalty. In addition, the punishment will depend on the amount of damage which occurred to the property as well as if there were any injuries or deaths which resulted from the arson.
The consequences of an arson conviction will depend on the degree of arson committed as well as the laws of the state in which the arson was committed. The consequences may include:
- A felony charge: Felonies are typically punished by prison time of over 1 year that must be served in a federal facility as opposed to a state or county jail. A felony may also be punished by criminal fines and penalties, in addition to restitution paid to the victim;
- A misdemeanor charge: If the arson was not considered especially dangerous or reckless and a lower level of harm was caused, it may be treated as a misdemeanor instead of a felony. Punishments for a misdemeanor crime could include time spent in a county jail facility as well as criminal fines;
- A civil lawsuit: The victim of an arson may be entitled to sue the arsonist in civil court. The arsonist may be ordered to pay monetary damages for the victim’s injuries and medical expenses; or
- Other consequences: If other criminal offenses were involved in the arson, those crimes may be punished individually pursuant to the laws of the state. An arsonist could face homicide charges if anyone was killed as a direct result of the arson. Another potential consequence of an arson conviction is probation.
What is Arson in the Second Degree in Georgia?
In the State of Georgia, arson in the second degree occurs when an individual knowingly uses explosives or fire to cause damage to a nonresidential property that belongs to another or in which another individual has a security interest without the consent of the owner.
Arson in the second degree also occurs if an individual knowingly damages a nonresidential building by using fire or explosives during the commission of another felony. A nonresidential property may include a:
- Building;
- Railroad car;
- Vehicle;
- Watercraft;
- Aircraft; or
- Other structures.
Why was I Charged When I was not the One Who Damaged the Property?
An individual may be found guilty of certain crimes even if they merely acted as an accomplice and did not actually commit the crime themselves. An individual is an accomplice to a crime when they assist another individual in accomplishing the crime by aiding or encouraging someone to commit a criminal offense.
An individual who is an accomplice to a perpetrator in the commission of an arson may also be charged with second degree arson.
What is Considered Accomplice Liability in an Arson Charge?
An individual is liable as an accomplice for second degree arson in Georgia if they knowingly:
- Cause;
- Aid;
- Encourage;
- Advise;
- Counsel;
- Abet;
- Hire; or
- Procure another individual to commit arson in the second degree.
Will I be Locked Away for the Rest of My Life if I Am Convicted of This Crime?
No, an individual will not face life in prison if they are convicted of second degree arson. The punishment for arson in the second degree may involve prison time.
In Georgia, if an individual is convicted of arson in the second degree, they may face 1 to 10 years in prison as well as $25,000 in criminal fines.
Do I Need to Speak to a Lawyer about My Accomplice Liability Arson Charge?
If you are facing charges of arson in Georgia or accomplice to arson charges, it is important to consult with a Georgia criminal lawyer. Your lawyer will advise you of the applicable laws, determine the best defense for your case, and represent you in court.
