CR 6-102: Arson in the First Degree

Arson is a serious criminal offense under Maryland law, and those who are charged could face prosecution in both state and federal court. Under state law, first degree arson has two basic elements that the State must prove. The State must first prove that the defendant willfully and maliciously set fire to or burned a structure. Willful is defined as an act that is voluntary and intentional, while maliciously is means the act is wrongful and without justification or with reckless disregard for life or property. If the State proves the defendant is the one who set the fire (or was an accomplice), it must then prove the structure burned was either a dwelling (home) or an occupied structure. The State is not required to prove the defendant had knowledge that the structure was occupied at the time the fire started. Prosecutors also do not have to prove that the fire spread or caused significant damage, as in most cases a simple charring of the structure could be enough to convict.
If a person attempts to burn down a store, restaurant or other business that is closed at the time, he or she will be charged with arson in the first degree if a late-night manager or cleaning crew is inside the structure. Throwing and incendiary device at a home or starting a fire on the front porch of a home is considered first degree arson regardless of whether anyone was inside.
Maryland Criminal Code section 6-103 prohibits a person from willfully and maliciously burning a building or structure. There is no requirement that the structure be occupied under the second-degree arson statute. Maryland law still provides a harsh 20-year maximum penalty for arson in the second degree. Federal law also prohibits arson, and the federal jurisdiction is not limited to federal property and buildings. 18 U.S.C § 844 gives the feds authority to prosecute arson cases under federal law if the property was used in interstate or foreign commerce. This broad definition means burning basically any business could result in federal prosecution. Threat of arson under Criminal Code section 6-107 punishes verbal and written threats to set fire to a structure or explode a destructive device. This statue criminalizes bomb threats by adults and juveniles. Threat of arson is a misdemeanor, but a serious one that carries up to 10 years in prison upon conviction.
The statute clearly states that it is not a defense in an arson case that the defendant owned the property. The defense of identification can be a strong defense in arson cases, as the fires in question usually are started when people are not around. Other defenses include attacking the State’s theory that the fire was started intentionally. This often comes down to whether there is evidence that an incendiary device or substance such as gasoline was used to start the fire. Searching for an incendiary is often the main job of the Fire Marshal assigned to the case, and they are often biased toward concluding the fire was intentional.
The penalties for felony arson in the first degree include up to a 30-year prison sentence and a $50,000 fine. The potential punishment would increase if anyone was injured, or if minors were present inside the home or structure.
Maryland arson lawyer Benjamin Herbst has successfully represented numerous defendants charged with first and second-degree arson all over the state. He has studied forensic fire science and has worked with private fire investigation experts on cases. This knowledge has proven essential to challenge the State’s case. Contact arson attorney Benjamin Herbst anytime to discuss your case anytime at 410-207-2598.