What You Should Know About Arson Charges in Waldorf, Maryland

Arson is a crime in Maryland. All versions of the crime of arson are serious with incarceration terms being from five years to 30 years. The least serious crime is called malicious burning, and it has two degrees depending on the value of what was set afire. Then, Maryland criminalizes arson in first and second degrees. Finally, Maryland punishes arson with the intent to defraud. Arson is the intentional burning of a structure with “structure” being very broadly defined — Md. Crim. Code, § 6-101 — to include

• A building, or other construction, a vehicle, or watercraft
• A barn, stable, pier, wharf, and any facility attached to a pier or wharf
• A tent, public building, or public bridge
• A railroad car

As with most crimes in Maryland, if you are arrested for an arson-related crime, the Maryland prosecutors will likely charge all possible crimes and charge as many as can be charged. So, under Md. Crim. Code, § 6-110, if the structure being set afire is divided into separately owned or leased units, each unit is a separate structure for purposes of prosecution under Maryland’s arson statutes. If you have been arrested or charged with arson in Maryland, call the experienced and courtroom-proven Maryland criminal defense lawyers at the Law Office of Robert Castro. Our number is (301) 705-5137. We are available around the clock, 24/7. The most commonly used defenses to charges are arson are mistakes or accidents, lack of malicious intent, alibi, failure of proof, innocence, and others. Here is a brief rundown of arson crimes in Maryland:

• First-degree arson — legal elements are (i) intent, (ii) maliciousness, (iii) setting fire or burning (iv) a structure (v) in or on which an individual who is not a participant is present; potential punishments for conviction are imprisonment for up to 30 years or a fine not exceeding $50,000 or both.
• Second-degree arson — legal elements are (i) intent, (ii) maliciousness, (iii) setting fire or burning (iv) a structure (v) that belongs to the person or to another; potential punishments for conviction are imprisonment for up to 20 years or a fine not exceeding $30,000 or both.
• Malicious burning — legal elements: (i) the burning (ii) in a hostile and (iii) willful manner (iv) of the personal property of another person; if the value of property burned is more than $1,000, then a person convicted faces jail time of up to 5 years and a fine of $5,000; if the value of the property is less than $1,000, then conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
• Arson with the intent to defraud — legal elements are (i) the burning (ii) of property of any kind (iii) with the intent to defraud another; a conviction can result in jail time of up to 5 years or a fine not exceeding $5,000 or both.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.