Considering the complexities of the charge of arson, discussed below, an arson attorney is necessary to the defense.
To be convicted of arson in the state of Missouri, a person must knowingly damage a building or inhabitable structure by fire or explosion. In other words, the requirements for an arson charge are 1. A building or home and 2. The intent to damage the building.
The surrounding circumstances dictate which crime is charged and the severity of the respective punishment. Arson is broken down into three different degrees:
Arson in the First-Degree occurs when the arsonist knows another person is inside or near the intentionally burned building. This is the most severe crime and punishment imposed due to the possible impact on another human life. If another person is injured or dies, it is a Class A felony and can result in ten to thirty years in prison. If no person is injured or dies and is known to be inside or near the building, it is a Class B felony and can result in five to fifteen years in prison.
Arson in the Second-Degree occurs when the arsonist does not know another person is inside or near the building, yet still intentionally burns it. If charged, it is a Class D felony and can result in a maximum of 7 years in prison and a maximum of a $10,000 fine. Again, considering the possible effect on another person’s life, if someone is injured or is killed, it is a Class B felony and can result in five to fifteen years in prison.
Arson in the Third-Degree occurs when an arsonist knowingly uses fire or an explosion, but accidentally damages or destroys a habitable structure. Missouri still punishes this act, given its reckless nature, classifying it as a Class A misdemeanor, and punishable by a maximum of one year in jail and a monetary fine of up to $2,000.00.
Missouri, perhaps confusingly, differentiates between the crimes of arson and burning, usually considering the type of property that is being damaged by the fire. Missouri always classifies arson as a felony, while burning is charged as a lower misdemeanor crime.
The crime of “knowingly burning” requires a different type of property and the intent to damage. The crime of knowingly burning is the use of fire or explosion to damage another person’s property, as long as it is not their home or habitable structure.
The crime of reckless burning requires a building or habitable structure and accidental damage to it. The crime of reckless burning requires the intentional use of fire or explosion, but accidental damage to the hospitable structure. For example, setting off fireworks and accidentally burning part of a neighbor’s home can result in the crime of reckless burning.
The crime of “negligent burning” requires a different type of property and accidental damage. Negligent burning is damaging another person’s property, with criminal negligence and the use of fire. Negligent burning is the least serious burning crime and can occur by accident.
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