The 4 Degrees of Arson in Nevada

Setting a property on fire is a violation of law in Nevada. As stated in the Nevada Revised Statutes (NRS) 205.005, someone can be charged of arson when properties such as a dwelling house, a mobile home, or an abandoned building is found scorched, charred or burned and you have directly or assisted in starting the fire. Currently, there are four degrees of arson in Nevada and your case can be tagged as any of them depending on the structure and the magnitude of the damage the fire caused. Here are the four degrees of arson. 

First-degree arson

As the highest level of arson in Nevada because of the severity of the destruction it could cost, a first-degree arson is punishable by category B felony. You can be convicted of this degree of arson when you have set fire to a house presently being resided, may it be a single-family home or a mobile home, or any personal property occupied by one or more persons. Up to 15 years of jail time and a fine of at least $15,000 should await you once proven guilty.

Second-degree arson

A second-degree arson is done when you have burned or helped with the incineration of an abandoned building. This is a category B felony and shall include punishments of one to 10 years or imprisonment and a fine not more than $10,000.

This level of arson in Nevadais made to protect vacant buildings that are otherwise still owned by the government or private sectors. 

Third-degree arson

Though milder than the first two arsons when it comes to punishment, a third-degree arson still guarantees prison time that ranges from one to four years. You have committed a third-degree arson in Nevadawhen you burned any unoccupied personal property that costs $25—any timber, shrubbery, and vegetation that is not yours, and any personal property that another person has legal interest on, one example is a vehicle. One to four years of incarceration and a fine of not more than $5,000 should be imposed on you. 

Fourth-degree arson in Nevada

When you are caught maliciously attempting to burn a building or any of structures already mentioned above, it is fourth-degree arson. NRS had further stated that “placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building or property” can be considered as a fourth-degree arson. This is also a category D felony and holds the same penalties as a third-degree arson.

The punishment for arson in Nevada is scaled depending on the degree of the arson you have committed. Still, no matter the level of your offense, you can still come out unscathed with the help of a Las Vegas criminal defense attorney.

Defending Against a Federal Arson Charge

Any criminal defense attorney will note that federal crimes can be tough charges to fight against, especially when the crime involves high-valued property. In this regard, defending against a federal arson charge can be one of the most difficult, with the defendant accused of setting fire to important government offices, protected land, or military installations and hardware.

 When facing a federal arson charge, it is best to know where you stand so you can determine what kind of defense you will go with. Typically, the defense falls under any of the following default statements:

• The fire was accidental and spread too quickly, even with prompt intervention on the part of the accused. For example, a bonfire accidentally left behind by campers overnight starts spreading to the surrounding woodland despite attempts by the campers to contain the conflagration.
• The accused was under the effect of an intoxicating substance at the time that the alleged crime took place. In other words, the accused was not in control of their actions and thoughts during the alleged incident and thus went a little overboard.
• An insanity plea may be entered, but only as a last resort. The defense may argue that the accused was not in the right frame of mind when the arson took place and only committed the act out of strong emotional distress.
• If a conviction cannot be entirely avoided, the defendant can argue that the arson was conducted without the express intent of hurting other people. The aim of this defense is not an acquittal, but rather, a reduction in the sentence to avoid worse penalties.