D.G. Moore is a highly experienced Michigan criminal defense attorney with a proven track record of successfully defending clients against arson charges under MCL 750.72 – 750.79. This guide provides an in-depth look at Michigan’s arson laws, penalties, and available defenses.
Section 750.72 Through 750.79 Michigan Legislature’s Arson Laws
Michigan’s arson laws, found in the Michigan Penal Code sections 750.72 through 750.79, define different degrees of arson and the penalties associated with them, ranging from first-degree arson (potentially life imprisonment) to using inflammable materials with intent to commit arson.
What Is Arson Under Michigan Law?
Arson is the criminal act of deliberately setting fire to a home, building, vehicle, or other property. Under MCL 750.72 – 750.79, Michigan law categorizes arson offenses based on the severity of the act, the type of property involved, and the intent behind the act.
The criminal procedure for arson offenses includes specific legal consequences and sentencing guidelines, detailing how prior convictions impact sentencing under specific sections of criminal law.
Definition and Degrees of Arson
Arson is a serious crime in Michigan, defined as the intentional act of setting fire to a building, structure, or personal property. The Michigan Penal Code classifies arson into five degrees, each with varying penalties and consequences.
- First-Degree Arson: This is the most severe form of arson, punishable by imprisonment for life or any term of years. It involves the willful and malicious burning of a dwelling house, building, or structure used for business, public, educational, religious, or recreational purposes.
- Second-Degree Arson: This degree of arson is punishable by imprisonment for up to 20 years and involves the willful and malicious burning of a building or structure, regardless of whether it is occupied, unoccupied, or vacant.
- Third-Degree Arson: This degree of arson is punishable by imprisonment for up to 10 years and involves the willful and malicious burning of a building or structure, or personal property having a value of $20,000 or more.
- Fourth-Degree Arson: This degree of arson is punishable by imprisonment for up to 5 years and involves the willful and malicious burning of personal property having a value of $1,000 or more but less than $20,000.
- Fifth-Degree Arson: This is the least severe form of arson, punishable by imprisonment for up to 1 year and involves the intentional damaging or destroying of personal property having a value of $1,000 or less.
Types of Arson Charges in Michigan: First Degree Arson
- First-Degree Arson – Burning of a multi-unit dwelling (e.g., apartments, office buildings) or any property causing physical injury.
- Second-Degree Arson – Burning of a dwelling (occupied or vacant).
- Third-Degree Arson – Burning of a non-residential structure or personal property valued at $20,000 or more.
- Fourth-Degree Arson – Burning of personal property valued between $1,000 and $20,000.
- Fifth-Degree Arson – Burning of personal property valued under $1,000 with prior convictions.
- Arson of Insured Property – Deliberately setting fire to property to defraud an insurance company.
- Prohibited Intentional Acts – Using flammable or explosive materials with intent to commit arson.
Full text of Michigan Arson Laws – Michigan Legislature
Arson of Insured Property
Arson of insured property is a specific type of arson that involves the willful and malicious burning of a building, structure, or personal property with the intent to defraud an insurance company. This crime is punishable by imprisonment for up to 20 years and a fine of up to $20,000 or three times the value of the property damaged or destroyed.
In Michigan, the penalties for arson can be enhanced if the defendant has prior convictions for arson or other related crimes. The prosecuting attorney must include a statement on the complaint and information listing the prior conviction or convictions. The existence of the defendant’s prior conviction or convictions is determined by the court at sentencing or a separate hearing.
The Michigan Penal Code provides specific guidelines for the punishment of arson, including the aggregation of property value in separate incidents and the use of prior convictions to enhance sentences. The code also outlines the procedures for human verification to prevent automated programs from accessing sensitive information.
Overall, arson is a serious crime in Michigan, and the penalties can have long-lasting consequences for those convicted. It is essential to seek the advice of an experienced criminal defense attorney if accused of arson or any related crime.
Penalties for Arson in Michigan
The penalties for arson convictions in Michigan vary depending on the degree of the offense. Different classifications of arson offenses are felonies punishable by varying lengths of imprisonment and fines.
| Offense | Penalty |
|---|---|
| First-Degree Arson | Up to life in prison, fines up to $20,000 or 3x the property value, or both. |
| Second-Degree Arson | Up to 20 years in prison, fines up to $20,000 or 3x the property value, or both. |
| Third-Degree Arson | Up to 10 years in prison, fines up to $20,000 or 3x the property value, or both. |
| Fourth-Degree Arson | Up to 5 years in prison, fines up to $10,000 or 3x the property value, or both. |
| Fifth-Degree Arson | Up to 1 year in jail, fines up to $2,000 or 3x the property value, or both. |
| Arson of Insured Property | Up to life in prison if it involves a dwelling, up to 20 years otherwise. |
| Using Flammable or Explosive Materials | Up to 15 years in prison, fines up to $20,000 or 3x the damage cost, or both. |
Prior convictions can lead to an enhanced sentence, increasing the severity of the punishment.
Additional Consequences of an Arson Conviction: Prior Convictions
Beyond criminal penalties, an arson conviction carries severe long-term consequences:
- Permanent criminal record
- Difficulty securing employment or housing
- Disqualification from government programs
- Loss of student status (permanent expulsion for school-related arson cases)
- Potential civil lawsuits for property damages
Defenses Against Arson Charges
Being accused of arson does not guarantee a conviction. Several strong defense strategies may be used to fight the charges:
If the prosecuting attorney intends to seek an enhanced sentence, they must include relevant details in the complaint regarding the defendant’s previous convictions, which can affect sentencing outcomes.
1. Lack of Intent
Arson requires willful and malicious intent. If the fire was accidental, the charge may be reduced or dismissed.
2. Insufficient Evidence
Prosecutors must prove beyond a reasonable doubt that the accused set the fire. A lack of forensic evidence may weaken the case.
3. Mistaken Identity
Fires often occur without witnesses. If there is no direct proof linking the accused to the fire, the defense may argue mistaken identity.
4. Constitutional Violations
If evidence was obtained illegally, such as an unlawful search, the case could be dismissed.
Why You Need a Michigan Criminal Defense Lawyer
An arson conviction can have life-altering consequences, including prison time, massive fines, and a permanent criminal record. D.G. Moore has decades of experience successfully defending clients against arson charges in Michigan. He will fight to protect your rights, challenge the prosecution’s case, and work to get your charges reduced or dismissed.
Don’t risk your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.
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Frequently Asked Questions
Is Arson a Felony in Michigan?
Yes, all arson offenses in Michigan are felonies, except for fifth-degree arson, which is a high-level misdemeanor.
Can You Be Charged with Arson for Burning Your Own Insured Property?
Yes. If the act is committed with intent to defraud an insurance company, it is classified as arson of insured property and can lead to life imprisonment.
Can Arson Charges Be Dropped?
Yes, arson charges may be dropped if there is insufficient evidence, lack of intent, or if constitutional rights were violated during the investigation.
Can I Go to Jail for Setting Fire to an Abandoned Building?
Yes. Even if no one is harmed, setting fire to an abandoned building is still a crime under third-degree arson, punishable by up to 10 years in prison.
How Long Do Arson Cases Take to Resolve?
The duration of an arson case varies. Some cases resolve in months, while complex cases requiring fire investigation reports and expert witnesses can take over a year.
What Should I Do If I’m Charged with Arson?
- Do not speak to police without an attorney.
- Do not attempt to explain or justify the incident.
- Gather evidence (e.g., alibi, witnesses, security footage).
- Hire an experienced arson defense lawyer immediately.
