ARSON

If you or a loved one has been or is now being charged with arson, call us to review your case. Mueller, Hinds, and Associates, Chtd. (702) 940-1234. Arson is defined as when a person has “set fire to” a building, structure or any property mentioned in NRS 205.010 to 205.030, inclusive, whenever any part thereof or anything therein shall be scorched, charred or burned. There are different punishments for arson depending upon the type of property that was burned or attempted to be burned. Regardless of the degree of arson, in addition to the penalties listed below, any conviction will usually result in the prosecution seeking court costs, the the costs of providing police and fire services related to the crime, or the costs of the investigation and prosecution of the crime. First degree arson First degree arson occurs when a person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any dwelling, house, or other structure or mobile home. It does not matter if the building is vacant at the time or occupied. Nor does the law require the property belong to someone else. First degree arson is a category B felony and shall be punished by imprisonment for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.

Second degree arson

A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any abandoned building or structure. Second degree arson is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

Third degree arson

NRS 205.020  Third degree.  A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of:
  1. Any unoccupied personal property of another which has the value of $25 or more;
  2. Any unoccupied personal property owned by him or her in which another person has a legal interest; or
  3. Any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his or her own,is guilty of arson in the third degree which is a category D felony and shall be punished as provided in NRS 193.130.

Fourth degree arson

A person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of buildings or property mentioned in or who commits any act preliminary thereto or in furtherance thereof, is guilty of arson in the fourth degree which is a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $5,000. In a prosecution for forth degree arson for attempting to burn buildings or property, evidence that a person placed or distributed explosives or combustible materials in preparation to set the fire will be used to show that he or she acted willfully.

Burning or aiding and abetting burning of property with intent to defraud insurer.

A person who willfully and with the intent to injure or defraud the insurer sets fire to or burns or attempts to set fire to or burn, or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property of whatsoever class or character, whether the property of the person or of another, which is at the time insured by any person, company or corporation against loss or damage by fire, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. In addition to any other penalty, the court shall order the person to pay restitution.

Contiguous fires

You could also be liable for any fires that resulted from the initial fire. Whenever any building or structure which may be the subject of arson in either the first or second degree shall be so situated as to be manifestly endangered by any fire and shall subsequently be set on fire thereby, any person participating in setting such fire shall be deemed to have participated in setting such building or structure on fire.







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