ARSON
ARSON
OVERVIEW
Missouri treats arson as a serious felony. Prosecutors aggressively pursue these cases, especially when people get hurt or buildings suffer heavy damage. If you’re facing an arson charge, you’re up against more than just property damage allegations — the state may accuse you of putting lives at risk. Our firm defends clients against arson accusations with urgency and precision. We know how to challenge the state’s evidence and protect your future.
WHAT COUNTS AS ARSON IN MISSOURI?
Missouri law defines arson as knowingly starting a fire or causing an explosion that damages property. The severity of the charge depends on several factors, including whether the fire damaged an occupied building, whether someone got hurt, and whether the accused acted intentionally.
First-Degree Arson (Class A or B Felony)
Prosecutors file first-degree charges when someone knowingly starts a fire in a building where people are present or likely to be present. If someone suffers serious physical injury, the charge becomes a Class A felony, carrying the harshest penalties short of murder.Second-Degree Arson (Class D Felony)
This charge applies when someone sets fire to a building or structure, but no one is inside. Even if the property is vacant or abandoned, the state may still pursue a felony conviction.
COMMON SCENARIOS THAT LEAD TO ARSON CHARGES
Many people face arson accusations after situations spiral out of control. We often see charges come from:
House or apartment fires after disputes with landlords or insurers
Fires in vacant homes or commercial buildings
Trash or brush fires that unintentionally damage nearby structures
Juvenile fire-setting cases, often tied to peer pressure or curiosity
Fires started during other alleged crimes (like burglary or vandalism)
Law enforcement may jump to conclusions and assume a fire was intentional — even when there’s no clear proof.
PENALTIES
Missouri courts don’t take arson lightly. A conviction can lead to:
Class A felony: 10–30 years or life in prison (if someone is seriously injured)
Class B felony: 5–15 years in prison (if the fire threatens or endangers life)
Class D felony: Up to 7 years in prison (second-degree arson)
Restitution: Courts often order convicted individuals to pay for damaged property
Convictions can also lead to long-term consequences — including a permanent felony record, loss of employment opportunities, and denial of housing.
DEFENSES AGAINST ARSON CHARGES
We build strong defenses against arson allegations by focusing on facts, not assumptions. Possible defense strategies include:
Lack of intent: The fire was accidental, not intentional
No proof of ignition: Investigators can’t prove you started the fire
Mistaken identity: Someone else may have set the fire
Flawed forensic evidence: Fire origin analysis is often unreliable or biased
Insufficient evidence: Prosecutors must prove your guilt beyond a reasonable doubt
We also examine whether investigators violated your rights or failed to preserve key evidence.
How We Fight Arson Charges
We get involved early and start protecting your rights from day one. Our team works with independent fire investigators, challenges weak forensic evidence, and pressures prosecutors to prove every element of the charge. In some cases, we can push for reduced charges or even dismissal. When necessary, we take cases to trial and fight hard for a not guilty verdict. We focus on smart, aggressive defense strategies tailored to your situation.
HOW WE CAN HELP
Facing an arson charge can be overwhelming—but you don’t have to face it alone. At The Hartley Law Firm, we bring experience, strategy, and results-driven advocacy to every case we handle. No matter the charge, we’re here to fight for you!
Here’s what we do for you:
1. Thorough Case Evaluation
We’ll start by reviewing the details of your arrest, the alleged conduct involved, and how law enforcement conducted the search or seizure. Our team looks for any legal flaws, rights violations, or procedural mistakes that could lead to a dismissal or suppression of evidence.
2. Build a Tailored Defense Strategy
No two cases are the same. We develop a defense strategy based on the specific facts of your case—whether that means challenging identity, disputing intent, or arguing unlawful police conduct.
3. Negotiate on Your Behalf
In many cases, we can negotiate reduced charges or alternatives to jail. Our relationships with local prosecutors and our knowledge of Missouri’s legal system give us a strong negotiating position on your behalf.
4. Relentlessly Fight for You in Court
If your case goes to trial, we’re ready to defend you in court. We have the trial experience and legal skill necessary to challenge the evidence, cross-examine witnesses, and advocate for a not guilty verdict.
5. Protect Your Rights and Your Freedoms
A conviction can affect your job, housing, education, and even your right to vote or own a firearm. Our goal is to help you avoid a criminal record or minimize the long-term impact of these charges on your life.
FREQUENTLY ASKED QUESTIONS
Can I be charged with arson if the fire was an accident?
Yes. Even accidental fires can lead to criminal charges — but we can often argue that you didn’t act intentionally or recklessly, which may lead to reduced charges or dismissal.
What if the building was abandoned?
The law still treats arson seriously, even if the property was vacant. Prosecutors may charge you with second-degree arson, which carries felony penalties.
Will I have to pay for the damage?
If convicted, the court may order you to pay restitution for property damage. That’s one reason we fight hard to avoid convictions and negotiate favorable outcomes.
What if I never meant for someone to get hurt?
The law doesn’t require intent to hurt someone, only intent to start the fire or explosion. If you intended to start the fire or explosion and someone gets hurt as a result, that is enough for the Class A felony to be charged.
ATTENTION: Nothing in this article is meant to be construed as legal advice and does not constitute an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely on advertisements.