Arson charges are taken very serious by Nevada prosecutors, especially since the dry climate can turn a small flame into a giant inferno in a matter of seconds. And with the rise of insurance fraud, police suspect fires may have been intentionally set as a way to collect on home- or car-insurance policies.
Our Las Vegas arson attorneys fight back against the D.A. to show that you did not willfully and maliciously set property on fire and that you are the victim of false accusations.
1. How do I fight arson charges in Nevada?
Three typical defenses to arson charges are the following:
- You were misidentified. Fires are chaotic scenes, so perhaps police mistook you for the culprit, or a bystander mistakenly picked you out of a lineup.
- The fire was an accident. A key element of arson is that you willfully and maliciously set property on fire. As long as the D.A. cannot prove this “intent” element, then arson charges cannot stand.
- The fire was a natural disaster. Obviously, you cannot be held liable for an “act of God.” If inadequate proof exists that you set the fire, then the charge should be dismissed.
Depending on the case, Las Vegas arson lawyers may hire an expert witness in “fire science” to investigate the case and show how you could not possibly be responsible for the blaze.1
Arson is willfully and maliciously setting fire to property.
2. How bad are the penalties for arson?
The punishment for arson in Nevada turns on the degree:
| Arson crime | Nevada sentence | |
| First-degree arson Willfully or maliciously setting fire to:
| Category B felony:
| |
| Second-degree arson Willfully or maliciously setting fire to:
| Category B felony:
| |
| Third-degree arson Willfully or maliciously setting fire to:
| Category D felony:
| |
| Fourth-degree arson Willfully or maliciously attempting 1st-, 2nd- or 3rd-degree arson | Category D felony:
| |
| *Reimbursement for extinguishing the fire and investigating the case and other related expenses.2 | ||
Since an arson conviction makes you a convicted felon, it is supremely important you hire a Las Vegas criminal defense attorney to try to get the charge reduced to a lesser charge or a full dismissal.
3. What is the statute of limitations for arson?
Nevada prosecutors have four years after the fire to bring charges for first-degree arson. Otherwise, the statute of limitations for arson is three years after the fire.3
Learn more about statutes of limitations for Nevada crimes.
4. Can I get bail?
Nevada judges do have the discretion to grant bail release in arson cases, especially if there is no flight risk or prior criminal record. Our Las Vegas arson defense lawyers would schedule a bail hearing to argue for O.R. release or the lowest bail amount possible.
Arson charges are often accompanied by insurance fraud charges.
5. Can a Las Vegas arson lawyer help me?
The stakes in arson cases are very high. In addition to carrying prison and high fines, a conviction strips you of your gun rights and must remain on your criminal record for five years after the case ends.4
Therefore, our Las Vegas criminal defense lawyers take every measure possible to get the arson charges lessened or dropped:
- We conduct a thorough investigation of the case in search of all the evidence that shows your innocence or that the police committed misconduct, such as by committing an unlawful search, coercing a confession, or planting evidence.
- We engage in strategic and aggressive negotiations with the prosecutors in order to persuade them that they have insufficient evidence to prove guilt beyond a reasonable doubt.
- In the rare case a resolution cannot be reached, we put our decades of combined courtroom experience to work by presenting the most effective defense possible to a jury at trial.
If you have been arrested for arson in Nevada, call our Las Vegas arson lawyers today for legal advice and to go over your legal options. Our Nevada law firm will fight for a charge reduction to a misdemeanor or dismissal.
Our Las Vegas, NV law office serves clients throughout Clark County and the state of Nevada. Our legal team defends against all criminal cases from DUI and domestic violence to sex crimes (including sexual assault), larceny offenses, and drug/paraphernalia crimes.
Legal References
- See, for example, State v. Second Judicial Dist. Court of Nev., (2020) 462 P.3d 671, 136 Nev. Adv. Rep. 23.
- NRS 205.010 – .025. See also United States v. Espinoza, (9th Cir. Nev., 2020) 816 Fed. Appx. 82
- Nevada Revised Statute 171.085.
- NRS 179.245.