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Philadelphia Arson Lawyer

Arson is a serious criminal offense in Pennsylvania. If convicted, you could face severe criminal penalties, including jail or prison time, steep fines, and more. Additionally, you could be left with irreparable damage to your reputation, making it extremely difficult to obtain housing, get a job, and return to your normal, everyday life.

If you or someone you care about has been charged with or arrested for arson, it is important that you reach out to an experienced criminal defense attorney right away. At van der Veen, Hartshorn & Levin, we provide aggressive defense for those accused of all types of arson-related offenses. Led by Attorney van der Veen, widely recognized as one of the area’s leading criminal defense attorneys, our Philadelphia arson attorneys are prepared to fight tirelessly for you and your rights.

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We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.

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Types of Arson Offenses in Pennsylvania

Pennsylvania law defines several different types of offenses as arson.

These include:

Intentionally starting a fire or causing an explosion, or hiring someone to do either of these acts, that recklessly places another person in danger of injury or death
A fire or explosion that causes the death of another person, including firefighters or police, regardless of a person’s intention
Intentionally starting a fire or causing an explosion that damages property with the intention of collecting insurance or for another illegal purpose
Intentionally or recklessly starting a fire that places a person or property in danger, even if no actual damage occurs
Failing to take reasonable measures to control a fire when a person is able to do so without putting themselves at risk
Possessing, manufacturing, or transporting explosive or incendiary materials

While all of these offenses are considered crimes in Pennsylvania, some are more severe than others. The penalties associated with the offenses have varying degrees of severity.

Penalties for Arson in Pennsylvania

Most arson offenses in Pennsylvania are considered felonies and as such, come with harsh penalties for those convicted.

Below, we have listed some of the possible penalties for different arson offenses in Pennsylvania:

First-Degree Felony Arson: Convictions for a first-degree felony carry a sentence of up to 20 years in state prison and a maximum fine of $25,000.
Second-Degree Felony Arson: Second-degree felony offenses carry a sentence of up to 10 years in prison and the same maximum fine of $25,000.
Third-Degree Felony Arson: If the arson is considered a third-degree felony, the sentence is up to 7 years in state prison and a maximum fine of $15,000.

Aggravated arson is an elevated arson charge. This charge is brought when police suspect the arson was committed knowing that someone would likely suffer harm as a result. This charge has a maximum sentence of up to 40 years in prison if someone is actually injured in the fire.

First-Degree Felony Arson

Under Pennsylvania Title 18 Article C, it is a first-degree felony if an individual intentionally starts a fire or causes an explosion, helps commit either of those acts or pays another person to do so when any of the following occur:

It recklessly places others who fight the fire in danger of bodily injury or death. This includes but is not limited to firefighters, police, and others.
The person starts the fire with the intention of destroying or damaging the inhabited building or occupied structure of another person.

Imprisonment may be up to 40 years if the arson causes bodily injury to a firefighter, police officer, or other person engaged in fighting the fire, or if there is bodily injury caused to a civilian.

Additionally, the felony offense is that of a second-degree murder charge if the fire or explosion ends up killing any person, including those engaged in fighting the fire. It is a first-degree murder charge if the fire or explosion was set with the intent of causing death.

Historic Resource Arson

Not all buildings are considered equal in the eyes of the law. As such, it is a second-degree felony for an individual to intentionally start a fire or cause an explosion on a historic property or to pay another person to do so. Moreover, if an individual starts the fire or explosion with the intent of killing another, the first-degree murder charge carries a death or life imprisonment charge without parole. A second-degree murder charge will include a life imprisonment charge without parole.

Arson that Endangers Property

It is a second-degree felony to intentionally start a fire or explosion on the defendant’s or another’s property when any of the following occur:

There is intent to destroy or damage a building or unoccupied structure that belongs to another person
The fire or explosion places an inhabited building or occupied structure belonging to another person in danger of destruction or damage
There is intent to destroy or damage any property, be it the defendant’s property or another’s property, with the hope of collecting insurance damages

The Person Who Sees The Whole Picture Meet Michael T. van der Veen

From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.

Frequently Asked Questions About Arson Charges and Fire Related Offenses in Philadelphia, PA

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

You should contact a criminal defense attorney immediately and avoid speaking with police or investigators without legal representation. Arson investigations often involve fire marshals, insurance companies, and law enforcement working together, and statements you make can be used against you. An attorney can protect your rights, intervene before charges are finalized, evaluate the evidence, and help prevent mistakes that could harm your defense. Early legal involvement is crucial in arson cases because prosecutors take these allegations extremely seriously.
Arson charges are categorized based on factors such as intent, whether the fire placed a person in danger, whether anyone was injured or killed, and the type of property involved. For example, intentionally starting a fire that endangers people in a building can result in a first degree felony. Damaging an unoccupied structure may be charged as a second degree felony. Fires involving historic buildings may carry enhanced penalties. The presence of injury, death, or suspected intent to harm can elevate charges significantly, including potential murder charges.
Yes. Pennsylvania law allows prosecutors to pursue arson charges in situations where a person recklessly caused a fire or failed to take reasonable steps to control a fire that they started. Even without intent to cause harm, failing to properly manage a fire or creating a situation that endangers people or property can lead to criminal charges. A defense attorney can help show that the fire was accidental, that you lacked criminal intent, or that investigators misinterpreted the evidence.
Potential defenses may include proving the fire was accidental, challenging the accuracy of the fire investigation, disputing claims of intent, or showing lack of evidence that you caused or contributed to the fire. Experts can be used to examine burn patterns, electrical systems, or structural issues that may point to alternative causes. Constitutional defenses may also apply if investigators conducted unlawful searches, seized property improperly, or obtained statements without honoring your rights. An experienced arson defense attorney will build a strategy based on the specific facts of your case.

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