Arson is defined as knowingly damaging a building or home by fire or explosion. There are many types of arson and related crimes that range from setting fire to an occupied home to blowing up a neighbor’s mailbox. Although most associate arson with the burning of a structure, arson can also be committed by setting fire to a forest area or even a boat. The most serious felony arson offenses are typically those that involve the potential to cause injuries or death.
Missouri recognizes differing degrees of arson, based on such factors as whether the building was occupied and whether the fire or explosion was intended to destroy a structure. In Missouri arson is classified in one of the following ways:
Arson in the first degree is a class B felony for which the range of punishment is 5 to 15 years in the Department of Corrections.
The offense of arson in the second degree is a class D felony for which the range of punishment is up to 7 years in the Department of Corrections and/or a fine of up to $10,000
The offense of arson in the third degree is a class A misdemeanor for which the range of punishment is up to 1 year in the county jail and/or a fine of up to $2000
While arson involves those offenses which specifically deal with burning a structure, Missouri law also defines offenses for situations where a person uses a fire or explosion to destroy something other than a structure.
These offenses include:
A person commits the offense of Knowingly Burning or Exploding if he or she:
A person commits the offense of Reckless Burning or Exploding if he or she:
A person commits the offense of Negligent Burning or Exploding if he or she:
We have the resources and knowledge to build an aggressive arson defense for you. As a former prosecutor, Steve Lednick has the knowledge and experience necessary to formulate an effective defense strategy to fight the charges against you.
A person commits the offense of arson in the first degree if he or she: (1) Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or (2) By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.
The offense of arson in the first degree is a class B felony.
A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.
The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.
A person commits the offense of arson in the third degree if he or she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.
The offense of arson in the third degree is a class A misdemeanor.
A person commits the offense of knowingly burning or exploding if he or she knowingly damages property of another by starting a fire or causing an explosion.
The offense of knowingly burning or exploding is a class E felony.
A person commits the offense of reckless burning or exploding if he or she recklessly starts a fire or causes an explosion and thereby damages or destroys the property of another.
The offense of reckless burning or exploding is a class B misdemeanor.
A person commits the offense of negligent burning or exploding if he or she with criminal negligence causes damage to property or to the woodlands, cropland, grassland, prairie, or marsh of another by: (1) Starting a fire or causing an explosion; or (2) Allowing a fire burning on lands in his or her possession or control onto the property of another.
The offense of negligent burning or exploding is a class C misdemeanor.
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If you are facing arson or related charges in Jefferson County, St. Francois County, St. Louis County, Ste. Genevieve County, Washington County or Franklin County Missouri, including the cities of Arnold, Barnhart, Bloomsdale, Byrnes Mill, Cedar Hill, Crystal City, Desloge, DeSoto, Dittmer, Eureka, Farmington, Fenton, Festus, Fredericktown, French Village, Herculaneum, High Ridge, Hillsboro, Horine, House Springs, Imperial, Kimmswick, Mapaville, Mine La Motte, Mineral Point, Morse Mill, Olympian Village, Park Hills, Perryville, Pevely, Potosi, Ste. Genevieve, or Valles Mines, exercise your right to remain silent and your right to speak to an attorney immediately and contact the Lednick Law Firm to have a former Jefferson County Assistant Prosecuting Attorney on your side. Contact us at (636) 638-2150 for a free consultation.
We are always available for you to pass & get back on the right track.
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