Minnesota Arson Lawyers & Defense Attorneys
Arson involves maliciously, voluntarily, and willfully setting fire to the property of another or burning your property for an improper purpose, such as to make an insurance claim. In Minnesota, arson charges are prosecuted by degree according to the severity of the alleged offense in terms of dollar value, injury, or death to the fire victim. Minnesota arson statutes contain six types of arson charges:
First Degree Arson
Second Degree Arson
Third Degree Arson
Fourth Degree Arson
Wildfire Arson
Negligent Fires
First Degree Arson
According to Minnesota law, whoever unlawfully utilizing fire or explosives, intentionally destroys or damages any building that is used as a dwelling at the time the act is committed, whether the inhabitant is present therein at the time of the act or not, or any building appurtenant to or connected with a dwelling whether the property of the actor or of another, commits arson in the first degree.
Moreover, a person is guilty of first-degree arson in Minnesota if they unlawfully using fire or explosives, intentionally destroy or damages any building not referenced above, if (a) another person who is not a participant in the crime is present in the building at the time and the defendant knows that; or (b) the circumstances are such as to render the presence of such a person therein a reasonable possibility.
Finally, whoever unlawfully using fire or explosives, intentionally destroys or damages any building not referenced above, whether the property of the actor or another, commits arson in the first degree if a flammable material is used to start or accelerate the fire.
Second Degree Arson
A person is guilty of second-degree arson in Minnesota if they unlawfully using fire or explosives, intentionally destroy or damages any building not covered above, no matter what its value, or any other real or personal property valued at more than $1,000, whether the property of the actor or another.
Third Degree Arson
Whoever unlawfully uses fire or explosives, and intentionally destroys or damages any real or personal property with a value of more than $300 but less than $1,000 is guilty of third-degree arson.
Fourth Degree Arson
Whoever intentionally uses fire or explosives sets fire to or burns or causes to be burned any personal property in a multiple-unit residential building or public building and arson in the first, second, or third degree was not committed is guilty of fourth-degree.
Fifth Degree Arson
Whoever intentionally uses fire or explosives, sets fire to, burns, or causes to be burned any real or personal property of value is guilty of fifth-degree arson.
Wildfire Arson
A person is guilty of wildfire arson if they intentionally set a fire to burn out of control on the land of another containing timber, underbrush, grass, or other vegetative combustible material.
Negligent Fires
Whoever is grossly negligent in causing a fire to burn or get out of control, thereby causing damage or injury to another, and as a result of this: (1) a human being is injured and great bodily harm incurred; (2) a human being is injured and bodily harm incurred; or (3) property of another is injured, thereby, is guilty of the crime of negligent fire.