Arson charges in Pennsylvania can lead to felony convictions and significant prison sentences due to the potential for harm and widespread damage. How an arson offense is charged depends on factors like whether the fire was set intentionally or recklessly. This overview explains how arson is classified and prosecuted under Pennsylvania law.
Felony Classification in Pennsylvania
In Pennsylvania, criminal offenses are categorized by severity, with felonies being the most serious. Title 18 of the Pennsylvania Consolidated Statutes (Crimes Code) outlines how offenses are graded.1Pennsylvania General Assembly. Title 18 – Crimes and Offenses Felonies are divided into first, second, and third degrees, reflecting different levels of seriousness; a first-degree felony is more severe than a third-degree felony.2Pennsylvania General Assembly. Title 18 § 106 – Classes of Offenses Due to its potential to endanger lives and destroy property, arson is often classified as a felony.
Degrees of Arson Offenses
Pennsylvania law, under 18 Pa.C.S. 3301, categorizes arson into degrees based on the circumstances and potential harm of the act.3Pennsylvania General Assembly. Title 18 § 3301 – Arson and Related Offenses
First-Degree
Arson endangering persons is a first-degree felony. This applies if someone intentionally starts a fire or causes an explosion that recklessly places another person in danger of death or bodily injury. This includes targeting an inhabited building or an occupied structure. An occupied structure is defined as any structure, vehicle, or place adapted for overnight accommodation or for business, regardless of whether someone is present. Setting fire to an occupied apartment building is an example of first-degree arson.
Second-Degree
Intentionally starting a fire or causing an explosion to destroy or damage an unoccupied building or structure of another is a second-degree felony. Unlike first-degree arson, no individuals are inside the structure, and there’s no reckless endangerment of persons. The act must be intentional and aimed at property destruction. Examples include setting fire to a vacant house or an empty commercial building.
Third-Degree
Arson endangering property is a third-degree felony. This involves intentionally starting a fire or explosion to:
- Destroy or damage another’s real or personal property not covered by higher degrees.
- Defraud an insurer.
- Destroy or damage one’s own property if it recklessly endangers another’s unoccupied building or structure.
- Destroy or damage one’s own property to collect insurance.
This can include setting fire to a vehicle, personal items, or a field. For instance, burning one’s own shed for an insurance payout, which then endangers a neighbor’s empty garage, could lead to third-degree arson charges.
Potential Penalties
Penalties for arson in Pennsylvania correspond to the felony degree.
A first-degree felony, like arson endangering persons, can result in up to 20 years in prison.4Pennsylvania General Assembly. Title 18 § 1103 – Sentence of Imprisonment for Felony
A second-degree felony, such as arson of an unoccupied structure, carries a maximum of ten years imprisonment.
A third-degree felony, including arson endangering property or for insurance fraud, has a maximum of seven years imprisonment.
Significant financial penalties also apply. A first or second-degree felony can lead to a fine of up to $25,000.5Pennsylvania General Assembly. Title 18 § 1101 – Fines A third-degree felony can result in a fine up to $15,000. These are maximum penalties, and a judge will consider various factors during sentencing.
Prosecutorial Approach
When Pennsylvania authorities investigate arson, local law enforcement, fire departments, and sometimes specialized units like the Pennsylvania State Police Fire Marshal Unit, work to determine the fire’s origin and cause.6Commonwealth of Pennsylvania. Law Enforcement Services | Pennsylvania State Police Fire investigators examine the scene, collect evidence, and analyze burn patterns to ascertain if the fire was accidental, natural, or incendiary. If evidence points to an intentional act, law enforcement focuses on identifying the perpetrator and gathering further proof.
Once sufficient evidence is compiled against a suspect, the case is presented to the District Attorney’s office in the county where the offense occurred. The prosecutor meticulously reviews all gathered materials, including witness statements, surveillance footage, financial records (especially in suspected insurance fraud cases), and the detailed findings from fire investigators. They assess the strength of this evidence to determine if there is probable cause to file formal charges and if they can prove the accused committed arson beyond a reasonable doubt. The decision on which degree of arson to charge is guided by the specific evidence and the elements defined for each degree.
Key Defenses
Individuals accused of arson in Pennsylvania can present several defenses.
One common defense is arguing lack of intent, meaning the fire was accidental. Evidence might point to electrical malfunctions, heating equipment mishaps, unattended cooking, or other non-criminal origins as the cause.
Another defense is challenging the accusation that the defendant set the fire. This could involve an alibi, supported by evidence like surveillance footage or digital records showing the defendant was elsewhere. Misidentification by witnesses, especially in stressful fire scenes, can also be a point of contention.
The scientific evidence presented by the prosecution regarding the fire’s cause and origin can also be contested. A defense may use an independent fire investigator to re-examine findings, potentially showing the fire’s origin was misidentified or accidental. Highlighting discrepancies in evidence collection or analysis, or the failure to definitively rule out accidental causes, can also form part of this defense.
Finally, a defense can challenge specific elements of the charged arson degree. For first-degree arson, this might involve arguing no one was endangered or that the actions did not meet the legal standard of recklessness. For example, with second-degree arson (unoccupied structure) or third-degree arson (property damage or insurance fraud), the defense might contest property valuation, ownership details, or, specifically in insurance cases, the actual intent to defraud.