Baton Rouge Arson Lawyer
Practice Areas
There are a variety of arson charges in Louisiana, but many of them can result in serious legal consequences. A trusted Baton Rouge arson lawyer from The Law Offices of Ossie Brown can help you understand the criminal charges you’re up against and how to respond.
Whether you’re accused of setting fire to a building, committing arson for insurance fraud, or causing an explosion that led to bodily injury or property damage, our team is prepared to help.
A felony arson conviction can leave you facing years in prison and can result in serious collateral consequences. Your life, future, and reputation are on the line. The lawyers at our Baton Rouge criminal defense law firm understand what’s at stake and are ready to fight for your rights.
Call 225-343-1111 or contact us online to schedule a free initial consultation today.
What is Arson?
Arson is a serious crime that involves intentionally setting fire to property, including:
- Inhabited structures like a home or apartment
- Businesses and commercial buildings
- Vehicles such as cars, trucks, and boats
- Public buildings like schools or government offices
- Abandoned properties
- Fences, crops, or other land-based properties
Arson vs. Criminal Damage to Property in Louisiana
Arson and criminal damage to property are two different crimes in Louisiana, but both involve the intentional destruction of someone else’s property. The main difference is how the damage is caused.
Arson involves intentionally setting fire to a structure, vehicle, or other personal property, and may also include causing an explosion that leads to property damage. On the other hand, criminal damage to property happens when someone damages property without using fire or an explosion, such as breaking windows, spray-painting a building, slashing tires, or destroying items by force.
Both offenses are treated seriously under Louisiana law and can result in either misdemeanor or felony convictions, depending on how much damage was done and the value of the property involved.
Simple Arson Louisiana
According to R.S. § 14.52, simple arson happens when someone intentionally sets fire to another person’s property or causes an explosion without the owner’s permission. It can also apply if a fire or explosion happens while the person attempts to commit another crime, even if they didn’t intend to start the fire.
Simple Arson of a Religious Building Louisiana
Simple arson of a religious building, as defined in R.S. § 14:52.1, means setting fire to a place of worship or causing an explosion that damages it. This includes churches, temples, mosques, synagogues, or any other structure used for religious purposes. It doesn’t matter if the building is currently in use or not. If it’s recognized as a religious site, damaging it by fire or explosion can result in this specific criminal charge.
Aggravated Arson Louisiana
Aggravated arson (R.S. § 14:51) is when someone intentionally causes an explosion or sets fire to a building, vehicle, boat, or other type of property in a situation where it’s likely that someone could get hurt.
This charge applies when it’s foreseeable, or reasonably expected, that the fire or explosion could put human life in danger. It doesn’t matter whether someone was actually injured or not; what matters is that the situation created a clear risk to people nearby.
Injury by Arson Louisiana
Under R.S. § 14.51.1, injury by arson occurs when a person sets fire to a property and someone suffers great bodily harm, permanent disability, or disfigurement as a result. It also applies if a firefighter, police officer, or first responder is injured by the fire or explosion while doing their job at the scene of the crime.
If you have been accused of injury by arson, a Baton Rouge violent crime defense lawyer from our team can help you take the next steps in your defense.
Negligent Arson Louisiana
Negligent arson (R.S. § 14:52.2) occurs when someone accidentally starts a fire or explosion because they were careless or reckless, and the fire damages someone else’s property.
Unlike other arson charges, negligent arson doesn’t involve setting a fire on purpose. Instead, it applies when a person fails to use proper caution, and their actions lead to a fire that causes property damage or puts others at risk.
Arson With Intent to Defraud Louisiana
Arson with intent to defraud, as defined in R.S. § 14:53, is when someone intentionally sets fire to their own property, or someone else’s, to collect money from an insurance claim or benefit financially in some other way.
This type of arson charge doesn’t focus on causing harm to people but is about using fire or an explosive to damage property for financial gain. It often involves personal property, buildings, vehicles, or other structures that are insured.
Penalties for an Arson Conviction in Louisiana
The penalties for an arson conviction in Louisiana depend on the specific arson charge, the amount of property damage, and whether anyone was injured. Here’s a list of the possible penalties:
- Simple arson for property valued less than $500: up to 5 years in prison, up to $2,500 in fines, or both
- Simple arson for property valued at $500 or more: up to 15 years of imprisonment, up to $15,000 in fines, or both
- Simple arson of a religious building: between 2 and 15 years of imprisonment, up to $15,000 in fines, or both
- Aggravated arson: between 6 and 20 years in prison, up to $25,000 in fines, or both
- Injury by arson: between 6 and 20 years in prison, up to $25,000 in fines, or both
- Negligent arson: up to 5 years in prison, up to $5,000 in fines, or both
- Arson with intent to defraud: up to 5 years of imprisonment, up to $10,000 in fines, or both
In addition to prison time and fines, anyone convicted of an arson crime in Louisiana must register with the State Fire Marshal as an arson offender. This means your name and information will be added to a registry that keeps track of people convicted of arson crimes.
Facing Arson Charges in Baton Rouge? How Our Baton Rouge Arson Lawyers Can Help
If you have been accused of committing arson in Baton Rouge, our criminal defense attorneys can help protect your rights and defend your future. We will review the evidence against you, look for weaknesses in the prosecution’s case, and build a strong defense based on the facts and circumstances of your situation.
In addition to fines and time in prison, arson convictions often result in additional consequences that affect your life for years. Being labeled as an arson offender can make it harder to find a job, get housing, or maintain personal relationships. Our knowledgeable legal team understands how serious these charges are and how long-lasting the punishments can be. We will work hard to fight for the best possible outcome in your case.
Defenses to Arson in Louisiana
There are plenty of potential defenses to arson charges in Louisiana, and our Baton Rouge arson lawyers will carefully explore every possible defense strategy to protect you. Depending on the facts of your case, possible defenses may include:
- Insufficient evidence
- Lack of intent
- Mistaken identity
- Ownership or consent to be on the property
- Illegal search or violation of rights
- Alibi or proof you were somewhere else
Louisiana Arson Charges: FAQ
Is Arson a Felony in Louisiana?
Yes, Louisiana has several types of arson charges, and all are classified as felony offenses. A felony arson conviction can lead to serious potential consequences, including prison time, expensive fines, and a permanent criminal record.
Arson can also be charged under federal law in some cases, such as when the fire involves federal property or crosses state lines.
What’s the Difference Between Simple Arson and Aggravated Arson?
The difference between simple and aggravated arson is based on the level of danger to people. Simple arson involves intentionally setting fire to someone else’s property without permission, and aggravated arson involves starting a fire in a place where it’s likely that people could be hurt. Both are felony offenses, but aggravated arson carries more severe penalties due to the risk to human life.
Can You Go to Jail for Accidentally Starting a Fire?
Yes, you can go to jail for accidentally starting a fire if your actions were careless and the fire caused damage to someone else’s property. Even without intent, you can face negligent arson charges for acting unsafely or ignoring important safety rules.
For example, starting a fire during a burn ban, such as burning trash, leaves, or debris, is considered reckless burning because it ignores clear safety rules. You can still face criminal charges even if you didn’t mean for the fire to spread or cause harm.
Can I Be Charged With Arson If No One Was Hurt?
Yes, you can be charged with arson even if no one suffered bodily injury. Arson is a crime that focuses on property damage as well as danger to others. If you intentionally set fire to a building, structure, or someone else’s property, you can still be charged regardless of whether anyone was injured.
Contact a Criminal Defense Attorney at The Law Offices of Ossie Brown to Discuss Your Case
If you are facing charges related to arson, you need a trusted Baton Rouge criminal defense lawyer on your side. At The Law Offices of Ossie Brown, we know how criminal accusations can disturb your life and put your future at risk.
Our law firm has proudly served the Baton Rouge community for decades. Our team is committed to protecting your rights and building the strongest defense possible for your case.
Don’t wait to get the help you need. The sooner you talk with an attorney, the better your chance of protecting your future. Call 225-343-1111 or contact us online to schedule a free consultation today.
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