In the State of Texas, an individual may be found guilty of arson if they start a fire with the intent to destroy or damage any of the following:
- Any fence, vegetation, or structure on open-space land;
- Any building, habitation, or vehicle that is within the boundaries of a city;
- Another individual’s building;
- A home, building, or vehicle that they know is subject to a mortgage or other security interest; or
- An item or structure that is situated on another individual’s property.
Any time an individual starts a fire or triggers an explosion with the intent to damage or destroy something or engages in this conduct recklessly, the individual may be charged with arson. There are also other acts that can qualify as arson in Texas, including:
- Starting a fire or causing an explosion recklessly while attempting to or while manufacturing a controlled substance and causing property damage;
- Starting a fire or causing an explosion recklessly while attempting to or actually manufacturing a controlled substance and causing bodily harm.
It does not matter whether or not the fire continues after it starts or whether starting a fire leads to an explosion. Arson is committed when the perpetrator starts the fire or causes the explosion with recklessness or with the intent to damage or destroy.
If an arson is committed during the course of manufacturing a controlled substance, the crime of arson is committed if the explosion or fire is caused by recklessness. The intent to cause damage is not required when a fire or explosion occurs when manufacturing a controlled substance, such as methamphetamine.
Starting a fire on accident will not qualify as arson unless the individual who started the fire was manufacturing a controlled substance. If an individual has any questions regarding arson laws in Texas, they should consult with a local Texas attorney.
How Do the Police Tell if a Fire Was Caused by Arson?
The majority of fire and rescue departments employ specially trained arson investigators. These investigators are able to examine the scene of a fire and the physical evidence, such as any charred remains, and interview witnesses.
Witnesses may include the firefighters who responded to the scene and put the fire out. Factors that arson investigators consider include:
- Color: The color of the flames of the fire, as well as the smoke, is important;
- Various chemicals and accelerants, or substances that make fires spread more quickly, produce different colors of flames and smoke;
- Alarms and sprinklers: Investigators note where sprinklers and fire alarms were located on the property. They look to see whether these may have been disabled before the fire;
- Speed of the fire: How quickly the flames spread may indicate that accelerants were used;
- Suspects at the fire: Investigators may interview witnesses to see if they saw any familiar faces at the scene;
- In some cases, perpetrators appear at the scene of a fire;
- Removal of property: Investigators want to learn whether especially valuable or sentimental items were removed from the property just before the fire. If this occurred, it may indicate intent to set a fire because the perpetrator wanted to spare valuable property from the fire.
Individuals often start fires because they want to benefit from an insurance policy that covers their property, especially in cases where they are having trouble paying their mortgage. This is one of the main reasons that insurance companies pay very close attention to the reports arson investigators provide.
Some insurance companies employ their own arson investigators. A property insurance policy will not pay if the structure is destroyed by arson.
If, however, an accidental fire caused the damage, the policy may cover the losses.
What Is Insurance Fraud in Texas?
Insurance fraud may be committed in both residential and commercial arson cases. An individual who is found guilty of intentionally setting a fire with the goal of collecting money from their insurance policy may be charged with arson. They may also be charged with insurance fraud because these are two separate criminal offenses.
The punishment imposed for insurance fraud in Texas will depend on the value of the fraudulent insurance claim that was submitted by the perpetrator or the value of the benefits that were obtained through the fraud. The punishments for insurance fraud are as follows:
- Less than $2,500: This is a Class A misdemeanor that is punishable by up to one year in jail and criminal fines of up to $4,000;
- $2,500 to $30,000: This is a 3rd-Degree felony that is punishable by two to ten years in prison and criminal fines of up to $10,000;
- $30,000 to $150,000: This is a 2nd-Degree felony that is punishable by two to 20 years in prison and criminal fines of up to $10,000;
- $150,000 or more: This is a 1st-Degree felony that is punishable by five to 99 years in prison and criminal fines of up to $10,000.
What Is the Punishment for Arson?
If an individual is found guilty of arson in Texas, they will be convicted of a 2nd-Degree felony. This offense is punishable by 2 to 20 years in prison and criminal fines of up to $10,000.
In certain cases, however, arson may be charged as a 1st Degree felony in Texas. This may occur when another individual suffered injury or death in the fire, and the damaged or destroyed property was either a home or a place of worship.
If an individual is convicted of 1st-Degree felony arson, they may face five to 99 years in jail and criminal fines of up to $10,000. Arson may also be charged as a state jail felony.
A defendant may be found guilty of arson that was committed during an attempt to manufacture illegal drugs. If so, they may face a state prison term of 180 days to two years and criminal fines of up to $10,000. If the arson was the result of the recklessness of the defendant, the charge would be reduced to a 3rd Degree felony.
If convicted, an individual may face from two to ten years in prison as well as criminal fines of up to $10,000.
Are There Any Defenses to Arson?
There may be defenses available to an arson charge. A defendant may be able to argue that the fire or explosion was part of a controlled burn on open land.
A defendant may be able to argue that they obtained a permit or other type of written authorization before they started a fire or explosion within the city limits. A defendant may also be able to argue that the fire started on accident and was not set intentionally.
There are also other standard defenses that may be available. For example, a defendant may be able to argue that they were wrongly identified as the perpetrator.
A defendant may also be able to provide an alibi defense, such as offering a witness who states that they were in a different location at the time the arson occurred. In some cases, the defendant may be able to exclude damaging evidence from the case on the grounds that it was obtained by law enforcement without a warrant and that the seizure did not fall within any exception to the warrant requirement.
If the defendant made incriminating statements to law enforcement, they may be able to argue they were not informed of their Miranda rights. An experienced criminal defense lawyer is going to be familiar with the possible defenses that may be available.
Do I Need a Lawyer’s Help With My Arson Charge?
If you are facing arson or insurance fraud charges in Texas, it is important to consult a Texas criminal lawyer as soon as possible. Your arson lawyer will be able to advise you of the charges you may be facing and whether any defenses are available in your case.
Your arson attorney will also be able to try and negotiate with the prosecution for a reduction in your charges, if possible. Your attorney will be present with you during any court appearances and represent you throughout the process.
