CR 6-103: Arson in the Second Degree

There are a few crimes under Maryland law such as assault where the first degree version is a felony and the second degree version is a misdemeanor.  Arson is not one of those crimes.  Arson in the second degree is a felony under Maryland law, and upon conviction there is a real likelihood that the defendant will be sentenced to jail.  Second-degree arson requires the State to prove the defendant willfully and maliciously set fire to or burned a structure that belongs to another person.  It also prohibits maliciously setting fire to your own structures.
 
If a person cannot afford to maintain a business or to rehabilitate a building, he or she is not permitted to simply burn it down.  Even if there is no proof of an attempt to claim insurance money the law does not allow individuals to burn down their own buildings.  It is also a felony to attempt to burn another person’s property even if the attempt was not successful.  There is no separate statutory crime for attempted arson, thought the State could choose to prosecute under the common law for attempt.
 
First degree arson under Maryland Criminal Code section 6-102 has the same elements as second degree arson with the added element that the structure must either have been a home or have been occupied at the time the defendant set the fire.  There are also two common federal violations for arson including setting fire to a structure, vessel or other building in the maritime or territorial jurisdiction of the United States under 18 U.S.C § 5-81.  The federal criminal code also prohibits setting fire to any business that is used in interstate commerce.  This means restaurants and other commercial property is protected from arson by federal law much like banks are protected from robbery by federal law.  Malicious burning under 6-104 and 6-105 are common related offenses that deal with burning personal property not including structures and homes.  First-degree malicious burning under 6-104 of the Maryland Criminal Code is a felony with a 5-year maximum penalty, while second degree malicious burning is a misdemeanor with a 18-month maximum sentence.  The difference between these two offenses is the value of the property.  Burning that causes over $1,000 in damage can be charged as a felony, while less than $1,000 can only be charged as a misdemeanor.
 
In most arson cases the State Fire Marshal will be called to the scene to investigate the fire as soon as the scene is safe.  The Marshals will immediately begin looking for incendiaries like flammable materials and will often use trained dogs to search for substances like kerosine, alcohol and gas.  Overzealous Fire Marshals have been known to determine that accidental fires were actually intentional, and an experienced arson lawyer must challenge this opinion.  Benjamin has the fire science knowledge necessary to attack the Fire Marshal’s opinions and does not back down on cross examination.
 
The penalties for felony arson in the first degree include up to a 20-year prison sentence and a $30,000 fine.  Defendants in arson cases may also face charges for malicious burning and burning with intent to defraud.
 
Maryland second-degree arson lawyer Benjamin Herbst has extensive experience defending around the state.  He is available 7 days a week at 410-207-2598 to discuss your arson case.