Deliberately setting fire to a home, building, or even piece of land is known as arson in the state of Michigan. The crime is a violation of section 750.72 to section 750.79 of the Michigan Penal Code and carries harsh consequences. Since arson in most cases is classified as a felony, the penalties include time in prison and expensive conviction fines. The sentencing may be enhanced further if there’s evidence someone was injured or died as a result of the fire.
Law enforcement are required to investigate every fire for any signs of arson. Some departments have whole units dedicated to arson related crimes with experts on staff who have dedicated decades of their life to arson investigations. Not to mention the insurance adjusters that are trained to spot any arson identifiers when conducting a thorough analysis of a claim. Between these two entities, any likelihood of a case of arson being undetected is incredibly low.
For these reasons and more, we highly encourage you to seek experienced legal counsel if you’ve been accused of arson.
Michigan Arson Defense Lawyer, Oakland County | Bloomfield Hills
The penalties for arson could potentially change your life forever and therefore limit your ability to pursue your professional and personal goals. In most cases, arson is classified as a felony offense, meaning if you’re convicted, you’ll be limited in both your housing and employment prospects after release. Licensing boards will hesitate to admit you, you’ll have a difficult time obtaining loans, and you’ll lose your ability to own a firearm legally in the state.
Thankfully, you can avoid these statutory penalties by hiring an experienced Oakland County arson defense lawyer with J. Dallo. Property crimes attorney Dallo of Dallo Law, P.C. can demonstrate to the jury that you never acted with intent, and that any fire occurred without your intervention. To learn more about your legal options, call our office at (248) 283-7000 for a free consultation.
Dallo Law, P.C. is located in Bloomfield Hills and accepts clients throughout the greater Oakland County and Macomb County area including, but not limited to Pontiac, Troy, Waterford Township, Clarkston, Southfield, Rochester Hills, Rochester, Royal Oak, Rochester Hills, Farmington Hills, Novi, Birmingham, Madison Heights, Ferndale, Sterling Heights, Romeo, Roseville, Utica, Fraser, Warren, Eastpointe, and Clinton Township.
Information Center:
- Elements of Arson
- How Long Do You Go to Jail for Arson?
- Penalty for First Degree Arson
- Arson Related Crimes
- Additional Resources
Elements of Arson
Arson, under Michigan law, is an incredibly complicated crime due to that fact there are several statutes addressing the offense. The elements of arson will depend on which degree of arson the defendant has committed, and those are defined by the facts of the case. Under Michigan law, there are five degrees of arson as well as multiple arson-related offenses that a person can be charged with. These sections can be found under MCL 750.52 through 750.79, which explain both the penalties and elements of each degree of arson.
Fifth Degree Arson in Michigan
The lightest penalties you can face for the crime of arson is under section 750.77 for fifth-degree arson. According to the statute, the defendant is guilty of fifth-degree arson if they intentionally damage or destroy by fire or explosive any personal property with a value of $1,000 or less. They must also have one or more prior convictions related to fifth-degree arson.
It’s important to note you can be charged with fifth-degree arson even if the property damaged or destroyed was yours. The term “personal property” refers to any type of personally owned items/property including an automobile, truck, van, motorcycle, or trailer.
Fourth Degree Arson in Michigan
Destroying property of higher value may land you a fourth-degree arson charge. MCL 750.75 establishes a person is guilty of fourth-degree arson if they willfully and maliciously burn, destroy, or damage by fire or explosive the following:
- Personal property with a value of $1,000 or more, but less than $20,000
- Personal property with a value of $200 or more and the defendant has one or more prior convictions
- The property willfully or negligently set was woods, a prairie, or were grounds to another person’s property and the fire eventually damaged their property
It’s important to note, like we stated above for fifth-degree arson, the defendant will be charged with arson even if the property destroyed was their own.
Third Degree Arson in Michigan
Setting fire to a property or building without care if anyone is inside could result in third-degree arson. The offense is outlined in section 750.74 of the Penal Code and states a person is guilty if they willfully or maliciously burn, damage, or destroys by fire or explosive any of the following:
- Building, structure, or its contents, regardless of whether it’s occupied, unoccupied, or vacant at the time of the fire or explosion
- Personal property valuing at $20,000 or more
- Personal property with a value of $1,000 or more and the defendant has a prior conviction for arson
As we’ve stated previously, the defendant will still be charged with arson even if the property destroyed by fire was theirs.
Second Degree Arson in Michigan
Anyone facing a second-degree arson charge should expect some harsh penalties. The crime is defined under the Penal Code Section 750.73. According to the Code, the defendant is guilty of second-degree arson if they willfully and maliciously damage, burn, or destroy by fire or explosive a dwelling or its contents.
The defendant will be charged with second-degree arson regardless of whether the building was occupied or not during the commission of the offense. The court will still charge the defendant with second-degree arson even if the dwelling burnt is their own property.
How Long Do You Go to Jail for Arson?
The penalties for arson will depend on what section of the Michigan Penal Code you violated. There are five degrees of arson with first-degree arson carrying the harshest penalties. Listed below are the various consequences for arson sorted by their degrees.
| Type of Arson | Crime Classification | Max Imprisonment | Possible Fine |
|
Fifth-Degree Arson |
Misdemeanor |
12 months in jail |
No more than $2,000 or 3x the value of the property damaged |
|
Fourth-Degree Arson |
Felony |
5 years in prison |
No more than $10,000 or 3x the value of the property damaged |
|
Third-Degree Arson |
Felony |
10 years in prison |
No more than $20,000 or 3x the value of the property damaged |
|
Second-Degree Arson |
Felony |
20 years in prison |
No more than $20,000 or 3x the value of the property damaged |
What is First Degree Arson?
The crime with the harshest penalties you can face for arson is under MCL 750.72 for first-degree arson. The statute establishes a person is guilty of first-degree arson if they willfully or maliciously burn, damage, or destroy by fire or explosive any of the following:
- A multiunit building or structure where one or more units of the building are someone’s dwelling. The defendant will be charged regardless of whether the building was occupied, vacant, or unoccupied at the time of the offense.
- Any structure or building or other real property if the fire or explosion causes another to sustain a physical injury
- A mine
First-degree arson is a felony offense punishable by imprisonment for life or any term of years deemed by the court. The penalties also include a fine no more than $20,000 or three times the value of the property damaged or destroyed.
Arson Related Crimes
The sections we described above aren’t the only crimes related to arson under the Michigan Penal Code. According to 750.79, aiding or abetting an arson offense is also illegal and can result in criminal charges. Depending on the defendant’s criminal past as well as the value/nature of the property, a person could face between 93 days in jail and up to 15 years of imprisonment as well as stiff fines.
Committing arson on insured property is also designated as a crime under Michigan Statutes 750.76. The statutes state a person is guilty if they willfully and maliciously set fire to a building, structure or personal property with intentions to defraud their insurance provider. If the property destroyed is a dwelling, the crime is a felony punishable by a jail sentence determined by the judge and a $20,000 fine or three times the value of the property destroyed.
Additional Resources
Michigan Statutes for Arson – Visit the official website for the Michigan Penal Code to read their statutes regarding arson. Access the site to learn more about the various degrees of arson, other arson related crimes, as well as their penalties.
Fire Investigation & Training | MSP – Visit the official website for the Michigan State Police Department to learn more about their arson investigation unit. Access the site to learn more about their training programs, credentials to get certified, and other important information.
Bloomfield Hills Arson Defense Attorney |Dallo Law
If you or someone you know has been arrested for arson, it’s imperative you seek an experienced criminal defense attorney as soon as possible with J. Dallo. Attorney Dallo has years of experience fighting all types of criminal charges including arson and fire-related offenses. He can analyze your case, delve into his extensive resources, and utilize everything at his disposal to challenge your accusations today.
Call Dallo Law, P.C. at (248) 283-7000 to set up your first consultation today. Oakland County arson defense lawyer J. Dallo is located in Bloomfield Hills. However, he accepts clients throughout the greater Oakland County and Macomb County, Michigan area.