Washington State First Degree Arson Lawyers

In legal terms, the crime of arson is generally defined as the willful and malicious burning or charring of property, or a structure. It is important to note that the exact legal definition for arson will vary by state, as each state has enacted laws that define the crime of arson in that state. In the past, arson was only considered arson if the person who committed the crime set fire to a house or the residence of another.

However, arson laws have now expanded to cover harms done to other types of property, including:

• Setting fire to commercial property;
• Setting fire to Forest land;
• Setting fire to Vehicles;
• Setting fire to Boats; and
• Setting fire to another individual’s personal property.

State arson statutes generally classify arson as a felony offense. This is because the act of arson has the potential for serious injuries or even death. A felony is a category of crime that is considered to be more serious in nature. Felonies are generally punishable by more than one year of imprisonment in a federal facility, heavy criminal fines, or a combination of both.

In general, in order to be convicted of the crime of arson the prosecution must prove the following criminal elements beyond a reasonable doubt:

• Intent: The crime of arson may only be classified as actual arson if the person intentionally burned property belonging to another person, without that person’s permission and consent. This means that a person may not be convicted of arson if they accidentally set fire to something or set fire to another unit with permission;
• Recklessness: Many states also consider a crime to be arson if the person damaged property belonging to another person as a result of being reckless. In these cases the arsonist must have been aware that their actions were dangerous, and could result in severe damages or injury. In other states, such as Washington State, there is a separate charge for recklessly burning a building; and
• Property Damage: Finally, in order for a crime to be considered arson, the property that was burned must have actually been damaged in some way as a result of the fire. This means that there must have been some type of charring or destruction of the property for an individual accused of arson to be guilty. If no damage resulted from the accused individual’s actions, then no arson was committed.

Once again, arson laws exist in every state, but there are some distinctions between how each state’s law punishes or categorizes arson as a crime. However, if a person intentionally sets fire to and burns down a residence or building, for the purpose of insurance fraud or any other purpose, they will likely be found guilty of arson.

Additionally, arson laws have also expanded to cover recklessly setting fire to buildings, structures, and vehicles. However, in most states recklessly setting fire to a building would be charged as a different crime than that of intentionally or knowingly setting a fire to a building. As such, the individual accused of arson would be charged with either arson to a lesser degree, or a lesser crime altogether.

What Are the Different Degrees of Arson?

As previously mentioned, many states have placed different degrees on the crime of arson. For example, in Washington State arson may either be charged as arson in the first degree or arson in the second degree. The degrees of arson typically differ based on a variety of different factors.

Some general factors that states will consider when establishing differing degrees of arson include:

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

Although the exact classifications of degrees of arson vary by state, most states classify their degrees of arson as follows:

• First Degree: Arson in the first degree typically occurs when an arsonist sets fire to an occupied home or building or set a fire that causes significant damages (i.e. damages that exceed $10,000 in value);
• Second Degree: Arson in the second degree typically occurs when an arsonist sets fire to an empty or abandoned structure; or
• Third Degree: Arson in the third degree typically occurs when an arsonist sets fire to an abandoned area of space, such as a vacated lot or field.

How Is Arson Defined in Washington State?

The Revised Code of Washington (“RCW”) is the compilation of all laws in force in Washington State. In Washington State, the RCW states that an individual is guilty of arson in the first degree if that individual:

• Knowingly and maliciously causes a fire or explosion which is manifestly dangerous to any human life, including firefighters;
• Knowingly and maliciously causes a fire or explosion which damages a dwelling;
• Knowingly and maliciously causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
• Knowingly and maliciously causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds.

The RCW defines a building as two or more units either occupied or separately locked and secured. Arson in the first degree is a class A felony in Washington state. As such, being charged with arson in the first degree will result in severe criminal penalties.

What Are the Criminal Penalties for Arson?

As you can imagine, higher degrees of arson will generally result in more strict criminal punishments and penalties. Additionally, the criminal punishments and penalties will also typically be dependent on the amount of damage that occured to the property, as well as any injuries or deaths that may have resulted from the arson.

Depending on the degree of arson an individual is charged with, as well as the law of the state in which the arson was committed, typical legal consequences of arson could include:

• A Felony Charge: Crimes charged as a felony are generally punished by prison time of over one year, and are typically served in a federal facility as opposed to a state or county jail. Felonies may also be punished with severe criminal fines and penalties, as well as restitution paid to the victim. In Washington State arson in the first degree is charged as a Class A felony. For a Class A Felony conviction in Washington, a guilty defendant could face up to life in prison, $50,000 in criminal fines, or a combination of both;
• A Misdemeanor Charge: If the arson committed was not considered especially dangerous or reckless, and a lower level of harm caused, the arson may be treated as a misdemeanor as opposed to a felony. Punishments for a misdemeanor crime could include imprisonment in a county jail facility for up to a year, criminal fines, or a combination of both;
• A Civil Lawsuit: In addition to criminal penalties, the victim of the arson may be entitled to sue the arsonist in civil court. If the injured party is successful, the arsonist may be ordered to pay monetary damages for the victim’s injuries, medical expenses, and property damage; and/or
• Other Legal Consequences: If there were other crimes involved in the arson, those crimes may also be punished individually according to state law. For example, an arsonist could face homicide charges if anyone was killed as a direct result of the arson. Other potential arson legal consequences include probation, loss of professional licensure, and loss of the right to vote.

Will I Be Charged with Arson in the First Degree if I Recklessly Caused the Fire at a Property?

In short, no. The RCW requires that an individual must commit the arson both knowingly and maliciously. This means that arson in the first degree charge requires an intent to commit the crime. In Washington State, recklessly causing a fire is charged as a separate crime altogether.
A person who recklessly causes fire damage to a property or structure in Washington can be charged with a separate type of arson charge, known as reckless burning in the first or second degree.

It is important to once again note that an arson charge only results when a person causes some type of damage to the structure or property. Thus, if no damage was caused, then the defendant cannot be charged with arson.

Do I Need an Attorney for Help With First Degree Arson?

If you have been accused of committing arson in Washington State, you should immediately consult with an experienced criminal defense attorney.

An experienced Washington criminal defense attorney will be able to inform you of your legal rights, as well as raise any possible legal defenses available to you based on the specifics of your case. Finally, an attorney will also be able to represent you in court, as needed.