By Jeff Kennedy
Defending Arson Charges in Fort Worth & Tarrant County, TX
Texas takes arson charges seriously. If you are convicted, the consequences can be hefty fines and long-term imprisonment.
If you are charged with arson, you need to find an attorney with experience defending clients facing arson charges. An attorney that will fight for you in court, pick apart evidence and the prosecutions case.
Jeff C. Kennedy has decades of experience defending arson cases in Tarrant county, which includes Fort worth, North Richland Hills, Arlington and surrounding areas.
Arson Is A Felony In Texas
As stated earlier, Texas takes arson seriously. If you are facing an arson charge, you are facing state felony jail up to a first-degree felony.
Arson Laws in Texas
In Texas, Arson is defined as intentionally setting fire or causing an explosion (intentionally or unintentionally) to property, structures, or land.
When there are injuries or lives are endangered, the severity of your offense increases. There are varying degrees of arson charges, which are based on the severity and circumstances of each specific arson case. Understanding the nuances of these classifications is crucial in mounting an effective defense.
The laws defining Arson in Texas can be found in Penal Code Section §28.02 as follows
- (a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
- (1) any vegetation, fence, or structure on open-space land; or
- (2) any building, habitation, or vehicle:
- (A) knowing that it is within the limits of an incorporated city or town;
- (B) knowing that it is insured against damage or destruction;
- (C) knowing that it is subject to a mortgage or other security interest;
- (D) knowing that it is located on property belonging to another;
- (E) knowing that it has located within it property belonging to another; or
- (F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
- (a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.
- (a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:
- (1) recklessly damages or destroys a building belonging to another; or
- (2) recklessly causes another person to suffer bodily injury or death.
How The Severity Of An Arson Charge Is Defined in Texas
The factors dictating the severity of an arson felony are below. These factors cover location, damages and intent. Damages include what, and how much damage, and if there were any injuries or death due to the crime. The intent behind setting the fire will also play into the severity of the arson charge.
Arson in Texas ranges from State Felony to First Degree Felony. You can refer to the Texas Penal Code § 28.01 for further details.
- Intent: Was the fire or explosion set intentionally or on accident.
- Cause: Was a fire or explosion started while manufacturing a controlled substance.
- Damages and location: Was the fire near schools, homes, vehicles, buildings.
- Deaths and Injuries: Did the fire cause facilities or injuries.
Fines & Penalties For Arson Charges in Texas
First Degree Felony: Fires or explosions started intentionally that result in bodily injury or death. Including fires which were started intentionally to damage or destroy a home or place of worship.
- Life imprisonment or a term of 5 to 99 years in prison.
- Fines up to $10,000
Second Degree Felony: Setting a fire or causing an explosion to intentionally damage property without causing serious death or injuries.
- 2-20 years in prison.
- Fines up to $10,000
Third Degree Felony: Recklessly starting a fire or causing an explosion during manufacturing of a controlled substance, which resulted in in bodily injury or death of a person
- 2 to 10 years in prison.
- Fines up to $10,000
State Jail Felony: Fires or explosions during manufacturing of a controlled substance, which causes damage to a building, habitation or vehicle. Including a fire that was started intentionally, which resulted in reckless damage or destruction to buildings or reckless injury/death.
- 180 days to 2 years in prison.
- Fines up to $10,000
Can You Get probation for An Arson Charge In Texas?
Both the judge and jury can choose to grant probation in an arson case. Alternatively, a plea deal may involve “Deferred adjudication”, if accepted by the judge.
Texas law states probation is not available if:
- Sentence is over 10 years
- A deadly weapon was used during the felony
- A deadly weapon was used while fleeing from the felony
- The defendant used or exhibited a deadly weapon
- The defendant was with a party that used or exhibited a deadly weapon
- The defendant knew a deadly weapon would be used or exhibited
Statute of limitation for Arson in Texas
Texas law has a period of 10 years for this crime.
How Jeff C. Kennedy Can Help You Fight An Arson Case
Jeff C. Kennedy has 25 years of experience, and the skills you need to build a strategic defense around an arson case. He has defended hundreds of clients in criminal defense cases. His fighting approach includes:
- Thoroughly Investigating: Analyzing all aspects of the case, identifying crucial evidence and fact finding.
- Defense Strategy: Creating a defense strategy around the prosecution’s case.
- Representation In Court: Professional and Aggressive representation in court.
- Negotiations: Negotiating with prosecutors to potentially reduce or dismiss charges .
Defense Strategies for Arson Charges
Here are a few examples of strategies Jeff C. Kennedy can use to defend you.
- Questioning the Origin: Challenging where and how the fire started.
- Eyewitness Testimony: Questioning the reliability and credibility of witnesses.
- Physical Evidence Analysis: Examining evidence to find errors and inconsistencies.
- Disputing Intent: Arguing that the fire was not intentional, but accidental.
- Expert Testimony: On boarding specialists to provide alternative scenarios for the fire.
- Procedural Errors: Highlighting mistakes made by law enforcement during the arson investigation.
What Are The Possibilities of a Dismissal or Reduction of Charges?
The most important factor is your attorneys experience in handling arson cases. Some attorneys will recommend a plea deal, while others fight on your behalf. Not Attorney Jeff C. Kennedy, he fights for his clients and knows how to create a defense.
He has a track record of getting arson charges dismissed and reduced. You can see the results of these cases on our case results page here.
Below are a few examples of Common Grounds for Dismissal or Reduction
- Lack of Evidence: Insufficient evidence can have charged dropped.
- False Accusations: When accusations are unfounded or motivated by malice.
- Improper Investigation: If procedures were not followed or rights were violated during an investigation.
- Violation of Rights: An infringement of your rights can be grounds for dismissal.
Why You Need Jeff C. Kennedy On Your Case
- Experience: 25 years of experience.
- Expertise: Knowledgeable and experience of the local legal system.
- Rights: Ensures the law is followed and your rights are not violated.
- Strategic Defense: Developing a defense based on the specifics of your case.
- Negotiation Skills: Regularly negotiates with prosecutors to reduce charges or create favorable deals.
Schedule an Appointment
Contact Jeff C. Kennedy today to schedule a FREE consultation. The sooner you involve an attorney, the faster you can see a resolution of your case and get the answers you have been looking for.