Maryland Arson Lawyers

Maryland law classifies arson as the malicious or intentional setting on fire of any place or structure.  

The “place or structure” could be anywhere in Maryland: A vacant lot, strip of woods, office building, school, stadium, or residence.  

Some examples of possible arson include: 

• A would-be burglar trying to smoke out an apartment building; 
• A group of college students discharging fireworks in a dry, empty lot as a prank that then sets the grass on fire; or 
• A shed burning down under mysterious circumstances. 

Arson crimes in Maryland are classified under two different degrees.  

• First degree arson refers to lighting an occupied place or structure on fire.  
• Second degree arson refers to setting an unoccupied place or structure on fire. 

A charge of arson requires a building or plot of property to be burned. On the other hand, a “malicious burning” charge is when someone is accused of burning private or personal property.  

Possible situations that may generate malicious burning charges include: 

• A delinquent setting fire to a farmer’s field of drying hay; 
• Setting fire to a car during civil protests; or 
• Angrily torching the family boat to avoid an ex-spouse from taking it in a divorce settlement. (We do not recommend this strategy as a way of getting what you want in a divorce.) 

Just like arson, malicious burning charges can be one of two degrees. 

• First degree malicious burning is charged when the burned property is worth over $1,000.  
• Second degree malicious burning is charged for property worth less than $1,000. 

Arson charges are always felony-level accusations, while some malicious burning charges can be misdemeanor level. All convictions for fire-related crimes have jail time as a possibility. 

• First degree arson punishments include a felony record, a maximum fine of $50,000 and a maximum jail sentence of 30 years. 
• Second degree arson punishments are still felonies, but max out at $30,000 and 20 years in prison. 
• First degree malicious burning punishments are also considered felonies and can have fines of up to $5,000 and 5 years in prison. 
• Second degree malicious burning punishments are misdemeanors. Their max fine is $500 and have a maximum jail sentence of 18 months. 

Those who burn down their own buildings for the purpose of collecting insurance money are usually charged with second-degree arson, unless someone happens to be inside the structure at the time of it being set on fire. 

Convictions of “burning with intent to commit fraud” are misdemeanors with a maximum fine of $5,000 and up to 5 years in prison. 

The first suspect in many Maryland arson cases is often the property owner. If the property was insured, then the owner can receive a payout – a motive that prosecutors doggedly pursue. 

Frequently, home and property owners find themselves trying to rebuild their lives and businesses from the ashes of a fire while simultaneously defending themselves against arson charges.  

While that connection between a fire and insurance payout makes a certain level of sense, that association isn’t always true – and criminal defense lawyers experienced in arson cases can demonstrate that bias to a court and jury.  

That is, if the defense team even lets the case get as far as formal charges being filed. A great criminal defense lawyer can intervene in investigations on behalf of their clients, especially if an over-zealous prosecution begins to infringe on a client’s constitutional rights. 

There’s also the matter of intent when it comes to arson and malicious burning cases. The prosecution must prove beyond a shadow of a doubt that the defendant intended to set fire to the property or building for a “malicious” or illegal purpose. 

Many situations can be misconstrued as malicious. Unwise young adults pulling pranks or a small bonfire that got out of control can quickly spiral into a bigger fire that invites needless investigation.  

A criminal defense lawyer can help their clients reign in those sorts of quick-spreading charges before they overtake everything else. 

The sooner you involve a solid criminal defense lawyer experienced with arson cases, the better chance you have of receiving a good outcome in your case – or even of getting it dismissed entirely.