Nevada Third Degree Arson Attorneys

In Nevada, arson is defined as the crime of willfully and maliciously setting fire to property. Nevada law recognizes four degrees of arson as follows:

• First-degree arson is burning buildings, whether they are vacant or occupied, or burning occupied vehicles. It also involves setting fire to personal property;
• Second-degree arson is burning abandoned property or abandoned structures;
• Third-degree arson is burning unoccupied vehicles or vegetation;
• Fourth-degree arson is burning any other type of property.

Many cases of arson stem from a perpetrator who has burned their own property in order to collect money from an insurance policy of some kind. This is considered a form of insurance fraud. Insurance fraud by arson is a category B felony in Nevada, and the punishment for category B felony insurance fraud is as follows:

• A term of from 1 to 6 years in prison;
• A fine of up to $5,000; and
• Restitution.

Restitution is an act sometimes ordered by a court in which the person convicted of a criminal offense is made to pay the victim to restore what they lost. So, if a person is convicted of third degree arson, the court may order the defendant to pay the victim the value of the property that was destroyed by the fire.

The Nevada Attorney General has an Insurance Fraud Unit task force that aggressively investigates and prosecutes claims of insurance fraud in the state. Insurance companies that believe a claim for coverage is fraudulent can notify this Unit either via the regular mail or an online complaint form. The National Insurance Crime Bureau also refers suspected fraud cases to this unit. So, suspected cases of insurance fraud by arson are likely to be investigated and uncovered.

What Is Third Degree Arson in Nevada?

Third degree arson in Nevada is described as the willful and malicious act of setting fire to, burning, or causing fire to burn at:

• Any unoccupied property that is valued at more than $25;
• Any unoccupied property owned by the person, but in which someone else has a legal interest;
• Any type of shrubbery, grass, forest, timber, vegetation, or flammable property not owned by the person accused of arson.

The fact that the act must be “willful and malicious” means that it is not accidental or the result of mere negligence or recklessness. However, if an accidental fire was started in a manner that could have been foreseen, it could be treated as criminal arson.

Why Would I Be Charged for Arson If I Did Not Set Anything on Fire?

A person can be charged with arson in the third degree even if they did not themselves physically set fire to any vehicle or vegetation. In Nevada, a person who counsels, aids, or procures the burning of property by another person can be also charged with arson as an accomplice to arson.

So, for example, a person can be charged with arson even if they were not in the vicinity of the fire when it started. This is because it is possible to start a fire from a distance. For example, a person may wish to burn down the truck of a perceived enemy. The person may pay someone else to start a fire at their friend’s truck. The friend accepts the job and starts the fire, which destroys the truck. In this case, both the person and his hired arsonist could be charged with arson.

Is Third Degree Arson a Felony?

Third degree arson is a felony in Nevada. First degree and second degree arson are both category B felonies, but third degree arson is a category D felony. Category A felonies are the most serious felonies and Category D are the least serious. Category A felonies are punished more severely, Category B, C and D felonies are punished less severely.

What Is the Punishment for Third Degree Arson in Nevada?

The punishment for 3rd degree arson in Nevada is:

• A term of imprisonment of from 1 to 4 years;
• A fine of up to $5,000.

As noted above, 3rd degree arson is a Class D felony in Nevada. The prison sentence and amount of any fine imposed depend on the degree of arson. The degree assigned to any instance of arson depends on the seriousness of the act. So first degree arson, which involves burning buildings that may be occupied by people or a vehicle that is occupied is the most serious kind of arson and brings the most severe punishment as follows:

• First degree arson is punishable by imprisonment for 2 to 15 years and a fine of up to $15,000;
• Second degree arson is punishable by imprisonment for a period of from 1 to 10 years and a fine of up to $10,000;
• Fourth degree arson is punishable by imprisonment for a period of from 1 to 4 years and a fine of up to $5,000, plus a possible additional fine of $5,000.

Again, at sentencing for any of the degrees of arson, the court may also order that a defendant pay restitution.

Arson can be an aggravated felony, if a person is injured or a first responder is injured. It is also viewed as a crime that involves moral turpitude. Either way, aliens convicted of arson can be deported.

Are There Any Defenses to a Charge of 3rd Degree Arson?

Common defenses to a charge of arson include:

• The fire was accidental and not the result of an intentional act;
• The fire was started by a natural disaster, e.g. by a lightning bolt;
• The defendant has been falsely accused, e.g. a supposed witness wrongly identified the defendant as the perpetrator, because the witness’s identification is unreliable for some reason.

It is important to keep in mind that deliberately starting a fire of a type that was perfectly legal, ie.g. a campfire or a fire in the fireplace, can qualify as arson if:

• The fire proceeds to burn property that is near the fire; and
• That spread was reasonably foreseeable.

For example, a person may light a cigarette while sitting on their backyard patio. The person may then throw the cigarette into a pile of dry leaves near the patio without extinguishing it. The cigarette can ignite a fire among the leaves that burns several acres of property, including that of the person’s neighbor. The person did not intend to start a fire, but they should have foreseen that throwing their unextinguished cigarette into the pile of leaves could start a fire. In Nevada, the person could face a charge of arson.

Do I Need an Attorney for Help with My Arson Charge?

If you have been charged with 3rd degree arson in Nevada, or arson of any other degree, you should consult a Nevada criminal defense attorney immediately for help with your arson charge. Your attorney will analyze your case over your case and explain your legal rights and the defenses that may be available to you. Your attorney can represent you in negotiations with the prosecution, at court hearings and at trial. Determining the cause of a fire can become technical and complicated, so you want the help of an experienced attorney.