Nevada First Degree Arson Attorneys

Arson is the criminal act of maliciously and willfully charring or burning a structure or property. The intent or recklessness to set fire to a structure or property is generally required for someone to be charged with arson. The property or structure must also be damaged. Nevada has four degrees of arson depending on the fire’s circumstances.

Is it Arson to Burn Down Your Own Building or Property?

Legally, arson is defined as the deliberate and malicious burning or charring of property or structures. Previously, arson was only considered when someone set fire to another’s house or residence. In recent years, however, arson laws have been expanded to cover other types of property as well.

The following are included:

• Commercial property;
• Forest land;
• Vehicles;
• Boats; and
• Personal property, with some states clarifying that the property must be worth over $25, such as laptops, rare books, etc.

Arson statutes generally classify arson as a felony offense because of the potential types of serious injury or even death that may result from the act of arson.

A felony is a crime that is considered to be more serious in nature and is generally punishable by more than one year of imprisonment in a federal facility. All states have arson laws, but they differ in how they punish or categorize arson as a crime.

In general, the elements of arson include:

• Intent: The crime may only be classified as arson if the person intentionally burned property belonging to another person without that person’s permission and consent. What this means is that a person may not be convicted of arson if they accidentally set fire to something;
• Recklessness: Some states consider a crime to be arson if the person also damaged property belonging to another person as a result of being reckless. Additionally, the arsonist must have been aware that their actions were dangerous and could cause dangerous results; and
• Property Damage: In order for the crime to be considered arson, the property that was burned must have actually been damaged as a result of the action. There must have been some type of charring or destruction of the property for the defendant to be guilty of arson. If no damage resulted from the defendant’s actions, no arson was committed.

Whether a person intentionally sets fire to and burns down their home or building for insurance fraud or any other reason, they will still be guilty of arson. Previously, arson laws only applied to setting fire to another person’s house. To prevent people from intentionally and fraudulently causing fires, several types of arson laws are now in place.

What is the Definition of a Felony?

In general, a felony can be defined as any criminal offense that results in a prison of one year or longer. They tend to be crimes that involve an element of violence and are considered harmful or dangerous to society. Felony crimes also include some of the most serious types of crimes that a person can commit, such as first-degree murder and arson.

Two types of crimes don’t amount to felonies: misdemeanors and citations.

What Are the Different Degrees of Arson?

Arson is a crime that has different degrees in many states, as previously mentioned. Different factors determine the severity of arson in different states.

In establishing different degrees of arson, states consider the following factors:

• The type of building burned: For example, burning a house, school, or church is typically considered to be a worse type of arson than burning an abandoned building;
• The value of the building burned;
• The proximity of other people to the structure that was burned: For example, burning a building in an area where people are more likely to be hurt is considered to be worse than burning a building in a deserted area; and
• Whether the arsonist paid or accepted payment for the burning of the building.

Most states classify their degrees of arson as such:

• First Degree: The arsonist set fire to an occupied home or building;
• Second Degree: The arsonist set fire to an empty or abandoned structure; or
• Third Degree: The arsonist set fire to an abandoned area of space, such as a vacant lot or field.

When Is a Person Guilty of First Degree Arson in Nevada?

First-degree arson is the malicious and willful burning or setting fire to:

• An occupied or unoccupied dwelling house
• An occupied or unoccupied mobile home
• Any type of personal property occupied by one or more people

How is “Set Fire” Defined in Nevada Criminal Law?

To set fire to a structure, building, or property in Nevada means to cause property to do the following:

• Burn
• Char
• Scorch

Why Am I Accused of Arson if I Did Not Set Fire to Anything?

Even an accomplice to an arson crime can be arrested for arson in the first degree. An individual may have aided, financed, or counseled another in burning a structure, property, or personal belongings.

What Are the Consequences of Arson?

The punishments and penalties for higher degrees of arson will generally be stricter. Moreover, punishment and penalties will also be determined by the amount of damage caused to the property, as well as any injuries or deaths caused by the arson.

Depending on the degree of arson and the state’s law, some possible consequences of arson might include:

• A Felony Charge: Felony crimes are generally punished by prison time of over one year, to be served in a federal facility as opposed to a state or county jail. Felonies may also be punished with fines and penalties, as well as restitution paid to the victim;
• A Misdemeanor Charge: If the arson was not considered especially dangerous or reckless, with a lower level of harm caused, it might be treated as a misdemeanor as opposed to 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 arson victim 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 crimes were involved in the arson, those crimes might be punished individually according to state law. An arsonist could face homicide charges if anyone were killed as a direct result of the arson. Another potential arson consequence could be probation.

What Is the Penalty for Arson in the First Degree in Nevada?

First-degree arson is a category B felony, which is punishable by:

• Two to 15 years in state prison
• $15,000 fine
• Fine and prison time

Should I Talk to a Criminal Attorney about My First Degree Arson Charge?

Yes. Discuss your arson in the first-degree charge with a Nevada criminal attorney. Your attorney will work to get your charge reduced or dismissed. Your attorney will also work on all possible defenses pertinent to your case.

A skilled and knowledgeable criminal defense attorney can help you if you have been accused of arson. Depending on the specifics of your case, an experienced criminal defense attorney can inform you of your rights and possible defenses. As a last resort, an attorney may also represent you in court.