According to Nevada law, when a building, structure, or piece of property is burned, scorched, or charred, it has been set on fire. In Nevada, setting a building on fire is almost always considered arson.
First-degree arson in Nevada is the malicious or intentional act of lighting fire to another person’s building, structure, or piece of property—whether it is occupied or not. The intentional or malicious act of lighting a fire or putting a vacant building on fire constitutes second-degree arson. Anyone who encourages, finances, or advises someone to commit arson is likewise guilty of the crime.
Burning Down Your Own Building or Property: Is it Considered Arson?
According to law, arson is the deliberate and malicious burning or charring of property or a structure. In the past, burning was only deemed to be arson if the perpetrator intentionally set fire to their own home or another person’s residence.
Arson rules, though, now apply to other kinds of property. Commercial property, forest land, automobiles, boats, and personal property are all included under this. However, some states specify that the property must be valued at least $25, so expensive items like laptops and rare books aren’t included.
Because there is a possibility that an act of arson could inflict serious injury or even death, arson statutes typically designate it as a felony offense. A felony is a crime that is regarded as being more serious and is often punished by a sentence of more than one year in a federal facility. There are laws against arson in every state; however, they vary in terms of how they penalize or classify it as a crime.
The components of arson typically include:
- Recklessness: If someone intentionally set anything on fire while simultaneously causing harm to someone else’s property, some states consider that to be arson. Additionally, the perpetrator of the arson must have been aware that their acts could have harmful consequences; and
- Property Damage: The burned property must have suffered damage due to the crime for it to be deemed arson. For the defendant to be found guilty of arson, there must have been some sort of charring or destruction of the property. No arson was committed if the defendant’s acts did not cause any damage.
A person will still be found guilty of arson if they deliberately light a fire and burn down their home or other structure for any reason, including insurance fraud. Laws against arson used to only apply when someone intentionally set fire to another person’s home. To stop individuals from maliciously starting fires, there are now numerous sorts of arson laws in effect.
What Are the Various Arson Levels?
As was already mentioned, several degrees of the crime of arson exist in numerous states. The severity of arson varies by state and is frequently based on many circumstances.
States take into account a number of general variables when determining the various levels of arson, including:
- The kind of burning building;
- The value of the burned-out building;
- The vicinity of other persons to the burned-out building; and
- Whether the building’s fire was paid for or was accepted as payment by the arsonist.
Categories of arson are as follows:
- First Degree: The arsonist lit a fire in a residence or building that was occupied;
- Second Degree: The arsonist lit a fire in a building that was vacant or abandoned;
- Third Degree: The arsonist lit a fire in an empty tract of land, like a field or vacant lot.
Variations in Arson
There are different “degrees” of arson recognized by Nevada law, with first-degree arson being the most serious. All degrees are considered felonies and are punishable by jail time and/or fines, among other things.
Whoever “willfully and deliberately” sets fire to someone else’s residence is guilty of first-degree arson. Anyone who “aids, counsels or procures” the burning of someone’s home is likewise covered by the law. This is a Category B felony that carries a sentence of two to fifteen years in jail and a fine of up to fifteen thousand dollars.
Second-degree arsonists are those who light a vacant building on fire. A prison sentence of one to ten years and/or a fine of up to $10,000 are also possible penalties for this Category B felony.
Anyone who intentionally sets fire to another person’s unoccupied personal property valued at $25 or more, as well as to plants, crops, and trees, is guilty of third-degree arson. This is a Category D felony, punishable by a one- to a four-year prison sentence as well as a fine of up to $5,000.
Arson of the fourth degree is a person who tries to set one of the several types of property on fire. a Category D felony, which carries a sentence of one to four years in jail and a fine of up to $5,000. It covers anyone who prepares for a fire, even if it never lights. A device to start a fire may also be placed during preparation, as well as placing or spreading combustible materials.
Insurance Fraud and Arson
Suppose the intention of the fire, or attempted fire, was to deceive insurance in addition to any of the degrees mentioned above. In that case, it is a separate Category B felony punishable by one to six years in prison, as well as by a fine of up to $5,000 and by having to make good on the loss of property.
What Qualifies as Fourth Degree Arson in Nevada?
A fourth-degree arson is:
- Attempting to set a structure or piece of property on fire
- Attempting to set a structure or object on fire
- Any action taken before attempting to set a building or object on fire
- Any activity that promotes burning or lighting a building or property on fire
- Distributing any item or substance that is combustible, explosive, or flammable with the intent to burn or set a building on fire
- Planning or making preparations to burn or set a building on fire Finance the burning or setting a building on fire of property
So, even if a person didn’t actually start anything on fire, they may still be found guilty of fourth-degree arson if they either tried to burn anything they weren’t allowed to or assisted someone else in setting something on fire.
In Nevada, What is the Legal Penalty for Fourth-Degree Arson?
Fourth-degree arson is a Class D felony. One faces between one and four years in prison if found guilty of the offense.
How are Accusations of Arson Defended?
If the occurrence was an accident and the defendant did not act intentionally, or if natural forces caused the fire, there are two possible defenses to allegations of arson.
Criminal defense lawyers frequently depend on evidence such as surveillance footage of the fire’s location, weather records that may indicate dry conditions, eyewitness testimonies, and/or expert testimony from fire professionals.
The district attorney has the responsibility of establishing guilt beyond a reasonable doubt, just like in every criminal case.
Do I Need a Lawyer in Nevada for My Fourth Degree Arson Case?
It is important that you discuss your criminal charge with a Nevada criminal lawyer. Your attorney will make every effort to contest the charge, get it dropped, or have it reduced.
