The act of arson is defined as the willful and malicious burning of property or charring of a structure. In many cases, defendants are accused of burning their own property to collect on insurance. In Nevada, this is considered insurance fraud. Previously, it was only considered arson if the person who committed the burning set fire to another person’s house or residence.
However, arson laws have now been expanded to cover other types of property. Examples include:
- 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.
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. An individual may not be convicted of arson if they accidentally set something on fire;
- Recklessness: The arsonist must have been aware that their actions were dangerous and could cause dangerous results; and
- Property Damage: For the crime to be considered arson, the property that was burned must have actually been damaged as a result of the action. The defendant must have charred or destroyed the property to be guilty of arson. The defendant did not commit arson if no damage resulted from his actions.
Whether a person intentionally sets fire to and burns down their home or building for the purpose of insurance fraud or for any other reason, they will still be found guilty of arson.
Previously, arson laws only applied to setting fire to another person’s home. There are now several types of arson laws in place to prevent people from intentionally and fraudulently setting fires.
Typical arson scenarios in Nevada include:
- Making an automobile insurance claim by burning a car or motorcycle
- Setting fire to a former partner’s home or yard in revenge
- Protesting by setting fire to a government building or vehicle
What Is First Degree Arson?
In Nevada, arson in the first degree is the malicious and willful burning, charring, or setting fire to a structure, personal property, or building. Arson in the first degree is a category B felony. A person convicted of this crime may spend a minimum of two to 15 years in prison and pay a fine of $15,000. The second degree of arson carries a less harsh punishment but is still a serious crime.
The following are some general factors considered when establishing different arson degrees:
- An abandoned building is generally considered to be a worse type of arson than a burned house, school, or church;
- The value of the burned building;
- The presence of other people near the burned structure; for example, burning a building in an area where people are more likely to be injured is considered more dangerous than burning a building in a deserted area; and
- Payment or acceptance of payment for the burning of the building.
What Is Second Degree Arson in Nevada?
Those who maliciously and willfully set fire to, burn, or cause an abandoned building or structure to burn are guilty of second-degree arson. A person who is an accomplice but does not set the fire is guilty of second-degree arson.
What Is an Accomplice?
An accomplice is someone who aids another in committing a crime but does not actually commit the crime. They may, for example, be the getaway driver in a robbery. A criminal accomplice in arson is someone who:
- Aids, which may include giving fire-starting materials
- Describes how to commit arson or counsels on how to do so
- Commits the crime or finances it
What Is the Difference Between First and Second Degree Arson in Nevada?
As part of first-degree arson, a person commits the crime on an inhabited or vacant, but not abandoned, structure or building. They are also guilty of setting fire to the property of another individual. Second-degree arson is the burning or setting fire to any abandoned structure or building in Nevada.
What Kind of Crime Is Second Degree Arson?
Like first-degree arson, second-degree arson is a category B felony. As previously mentioned, however, the punishment for second-degree arson is not as severe as that for first-degree arson because the crime of second-degree arson is less serious. Punishment for second-degree arson is:
- One to 10 years in prison
- $10,000 fine
What Are Common Defenses?
Nevada arson charges can be fought in three ways:
- It was an accident;
- A natural disaster caused the fire; or
- The defendant was falsely accused
Arson requires the defendant to act maliciously and willfully. This is a much higher standard than acting recklessly or negligently. A genuine accident that results in a fire cannot be considered arson. An example would be forgetting to turn off the stove or fireplace.
Incriminating evidence is often burned in arson fires. However, prosecutors can try to prove intent by:
- Text messages, voicemails, or emails;
- Witnesses; or
- Experts in fire forensics
It is important to keep in mind that intentionally starting a lawful fire – such as a campfire – can be considered arson if:
- The fire spreads to nearby properties; and
- The spread was reasonably predictable
Nevada and Clark County, in particular, have dry heat. This contributes to wildfires. No one is at fault for this.
A typical arson defense is that Mother Nature caused the fire. No one caused it. Forensic experts may be able to prove this.
A prosecutor’s burden is to prove guilt beyond a reasonable doubt. If they cannot meet this burden, the charges should be dismissed.
Someone Falsely Accused the Defendant
People falsely accuse others of arson for several reasons:
- To get insurance, they burned their own property. Now they want to blame someone else.
- A fire was accidentally started. They don’t want to deal with the consequences.
- They are true victims of arson. However, they end up accusing the wrong person out of anger or revenge.
In the absence of sufficient evidence linking the fire to the defendant, arson charges should not stand.
Is it Possible to Seal the Record?
In Nevada, dismissed arson charges can be sealed immediately. Convictions for arson, however, require a waiting period.
After the case is closed, most felonies in categories B and D have a five-year waiting period. Nevada law, however, requires a ten-year waiting period for crimes of violence against people or property. This could include arson.
A lawyer can advise people who wish to seal their arson convictions about when to seek a record seal.
What Are the Immigration Consequences?
Arson can be considered an aggravated felony. It is also a crime involving moral turpitude. If convicted, aliens will be deported.
In criminal cases, non-citizens should always seek legal counsel. A lawyer may be able to reduce or dismiss the charges.
What Are Other Crimes Charged With Arson?
In Nevada, insurance fraud is often associated with arson charges (as discussed above). There are also three other common charges:
- Felony murder (NRS 200.030) – if someone was killed.
- Burglary (NRS 205.060) – If the defendant entered a building or vehicle with the intent to cause a fire.
- Trespass (NRS 207.200) – if the defendant entered another’s property without permission and set fire to it.
Can a Lawyer Help Me?
Absolutely. Contact a Nevada criminal lawyer immediately about getting the charge reduced or dismissed. Your lawyer can also explain your legal rights.
