In Nevada, first degree arson is the willful and malicious setting fire, burning, or causing a vacant or occupied structure or building to be burned. It also involves burning or setting fire to personal property. Second degree arson is the willful and malicious act of burning, causing the burning of, or setting fire to an abandoned property or structure.
What Is Third Degree Arson in Nevada?
Third degree arson in Nevada is described as the willful and malicious act of setting fire, burning, or causing fire to burn at:
- Any unoccupied property of an individual valued at more than $25
- Any unoccupied property owned by the person, but someone has legal interest in
- Any type of shrubbery, grass, forest, timber, vegetation, or flammable property not own by the person accused of arson
Why Would I Be Charged for Arson If I Did Not Set Fire to Anything?
A person can be charged with arson in the third degree even if they did not physically set fire to a structure. In Nevada, a person who counsels, aids, or procures the burning of a personal property can be also charged with arson as an accomplice to arson.
Is Third Degree Arson a Felony?
Yes, it is a felony. Unlike first degree and second degree arson, which are both category B felonies, third degree arson is a category D felony.
What Is the Punishment for Third Degree Arson in Nevada?
The felony punishment for arson in the third degree is:
- 19 months to four years in prison
- $5,000 fine
Do I Need an Attorney for My Arson Charge?
Yes, contact a Nevada attorney immediately for help with your arson charge. Your attorney will go over your case and explain your legal rights and defenses.