In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Nevada criminal law has four degrees of arson (NRS 205.010 – 205.025), which is intentionally and illegally setting fire to property. The most serious charge is first-degree. Fourth-degree is the least serious. Each degree carries prison time, possible fines, and restitution to the victim.
Common defenses include that the incident was an accident, that the fire started from natural causes, or that the defendant was falsely accused.
Nevada law defines first-degree arson as willfully or maliciously setting fire to:
It makes no difference whether the suspect owns the property. One example of 1st-degree arson is setting a trailer on fire.
As a category B felony, 1st-degree arson carries:
Nevada law defines second-degree arson as willfully or maliciously setting fire to an abandoned building or structure. It makes no difference whether the suspect owns the property. One example of 2nd-degree arson is setting an abandoned house on fire.
Also a category B felony, a 2nd-degree arson case carries:
Nevada law defines third-degree arson as willfully or maliciously setting fire to either:
One example of 3rd-degree arson is throwing a lit match another person’s farm.
A category D felony, third-degree arson carries:
Nevada law defines fourth-degree arson as willfully or maliciously attempting to set property on fire. It does not matter what the property is.
Also a category D felony, attempted arson carries:
Note that alleged arsonists face an additional category B felony charge under NRS 205.030 if the purpose of the arson was to get money from an insurance company (insurance fraud). The sentence for trying to defraud an insurer through arson includes 1 to 6 years in prison, restitution, and a fine of up to $5,000 (at the court’s discretion).
Two potential ways to fight the prosecution of the crime of arson include:
Common evidence that criminal defense attorneys rely on include:
As with every criminal case, the district attorney has the burden to prove guilt beyond a reasonable doubt.
Our criminal defense lawyers serve clients throughout Clark County, Washoe County, and the state of Nevada. We defendant against every misdemeanor and felony crime in the Nevada Revised Statutes, including domestic violence and DUI.
Disclaimer: Past results do not guarantee future results.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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