Nevada Arson Laws
Las Vegas Criminal Defense Attorneys
Deliberately setting fire to property—called "arson" in Nevada—is a serious crime carrying hefty penalties. But it's a difficult charge for the state to prove in Las Vegas, and there are several defenses that your attorney can explore using to get the case dismissed or reduced to a lesser charge.
In this article our Las Vegas criminal defense lawyers discuss what you need to know about arson laws in Nevada. If you are facing arson charges and would like a free consultation to discuss your case, call us a 702-DEFENSE (702-333-3673).
Definition of Arson in Nevada
The legal definition of arson in Las Vegas, Nevada, applies to anyone who "willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any" real estate, buildings, mobile homes, vehicles, or other personal property. Therefore someone may be convicted of arson in Nevada no matter whether he/she was physically present at the fire or was just helping to arrange it.
Accidents
Las Vegas arson law does not comprise accidents where someone unintentionally sets a fire. However, deliberately starting a lawful fire that then proceeds to burn nearby property (when the arson was foreseeable) can amount to arson. (NRS 205.045)
As explained in the next section, the Nevada crime of arson is divided into several degrees that carry separate penalties depending on the circumstances.
Types of Arson & Penalties in Nevada
Nevada arson law is divided into four degrees with differing penalties depending on the kind of property burned and other factors. And there is a separate punishment if the arson was allegedly done to defraud insurers.
First degree Arson in Nevada (NRS 205.010)
Las Vegas first-degree arson law penalizes willfully or maliciously setting fire to (or helping to set fire to):
- Any building, house or mobile home whether occupied or not, or
- Personal property that is occupied by one or more person.
It does not matter whether or not the person suspected of the arson owns the property.
Arson in the first degree is a category B felony in Nevada
carrying 2 to 15 years Nevada State Prison and maybe a fine of up to $15,000. Additional costs may include reimbursement for putting out the fire and investigating the incident and other related costs.
Second degree Arson in Nevada (NRS 205.015)
Las Vegas second-degree arson law punishes willfully or maliciously setting fire to (or helping to set fire to):
- Any abandoned building or structure, whether or not the property belongs to the suspect.
Nevada arson in the second degree is also a felony B felony in Nevada but carrying a slightly lesser prison term of 1 to 10 years and maybe a fine of up to $10,000. The judge can also order reimbursement for the costs of putting out the fire, investigating the case and other related expenses.
Third degree Arson in Nevada (NRS 205.020)
Las Vegas third-degree arson law makes it a crime to willfully or maliciously set fire to (or helping to set fire to):
- Any unoccupied personal property of another which has a value of $25 or more,
- Any unoccupied personal property owned by the suspect but where another person has a legal interest, or
- Any timber, forest, shrubbery, crops, grass, vegetation or flammable material not belonging to the suspect.
Arson in the third degree is a category D felony in Nevada carrying a lesser prison term of 1 to 4 years and maybe a fine of up to $5,000. The suspect also faces reimbursement fines for extinguishing the fire and any related costs.
Fourth degree Arson in Nevada (NRS 205.025; NRS 205.055)
Las Vegas fourth-degree arson law makes it an offense to willfully or maliciously attempt to set fire to any of the property listed under first-, second- or third-degree arson in Nevada. So anyone who is caught allegedly in the preparatory stages to commit arson or who tried and failed to commit arson may face charges for this offense.
Nevada arson in the fourth degree is a category D felony in Nevada carrying a prison term of 1 to 4 years and maybe a fine of up to $5,000.
Insurance Fraud (NRS 205.030)
Committing arson (or attempting to commit arson) in Nevada with the intent to defraud the insurer faces additional category B penalties of 1 to 6 years in prison, Nevada restitution payments, and maybe a fine of up to $5,000.
Defenses
If you've been arrested for arson in Nevada, that does not ensure that you'll also be convicted. Arson charges lend themselves to several effective defenses your attorney may be able to use to try to get your case lessened to a minor charge or completely thrown out:
- Lack of intent. Because arson is a "specific intent crime " crime in Nevada, it's actually a challenging charge for prosecutors to win because they have to prove beyond a reasonable doubt that you acted willfully and maliciously. So if your attorney can show that you behaved merely recklessly or negligently, you can't be convicted of arson.
- Lack of evidence. The state may have trouble compiling evidence since the very nature of arson fires is that they burn up much of the incriminating clues. So if your attorney can show there's simply not enough evidence to link you to the fire, an arson charge cannot stand. (Batt v. State, 901 P.2d 664, 111 Nev. 1127 (1995))
- Natural disaster. The dry heat in Clark County is prone to cause wildfires at no fault of anyone. If your attorney can raise a reasonable argument that the fire in question was the result of nature and not man, then your arson case should be dismissed.
Plea Bargain
In cases where the D.A. may have enough evidence to prove that you started a fire but they can't prove that you did so willfully and maliciously, the D.A. may agree to let you plea bargain to the lesser Nevada crime of "reckless endangerment" instead of arson.
If no death or injury occurred, this kind of reckless burning in Las Vegas is only a gross misdemeanor in Nevada carrying up to 1 year in jail and/or up to $2,000 in fines. But if someone did die or get seriously hurt, it's a category C felony
in Nevada with a sentence of 1 to 5 years in prison and perhaps an additional fine of $10,000. (NRS 202.595)
Nevada crime of felony-murder with arson
If an arson or attempted arson results in someone's death, the
Nevada felony-murder rule allows the suspect to also be charged with first-degree murder even if he/she never intended for anyone to get hurt! First degree murder in Nevada is a category A felony in Nevada that may carry the
death penalty in Nevada, life in prison with or without the possibility of parole after 20 years, or a 50 year sentence with the possibility of parole after 20 years. (NRS 200.030)
Related crimes
Because arson often involves the suspect going onto someone else's property, it's frequently charged in conjunction with the Nevada crime of trespass or the Nevada crime of burglary:
- The Nevada crime of burglary is defined as entering any structure or vehicle with the intent to commit a felony in Nevada (such as arson) inside. So even if an arson never takes place, someone may be charged with burglary and arson just for entering a structure and having prepared to set a fire inside. (NRS 205.060)
- The Nevada crime of trespass occurs when someone goes on another person's property without permission or with intent to commit a crime there. Similar to burglary, a person may be slapped with trespass and arson charges for being on someone else's property and having planned to commit arson there irrespective of whether the fire is ever set. (NRS 207.200)
We're here to fight for YOU . . .
If you've been charged with arson in Nevada, you're invited to phone our
Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. We'll explore every avenue to have your case dismissed or reduced to a lesser charge, and if necessary, we'll take your case all the way to trial.
For information about California arson laws, go to our article on
California arson laws
For more information, refer to our articles on Nevada restitution payments, Nevada crime of reckless endangerment, category C felony in Nevada, gross misdemeanor in Nevada, Nevada felony murder rule, first degree murder in Nevada, category A felony in Nevada, death penalty in Nevada, and felony in Nevada.
