Under the criminal law in Texas, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Texas criminal law does recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended.

Don’t risk your future by not having the right arson defense attorney representing you. Make sure you contact me, a dedicated San Antonio criminal attorney today and obtain helpful legal advice and aggressive representation.

Whether you’re under investigation for an arson related crime, or are charged with criminal mischief, you need an experienced arson attorney who will aggressively fight to protect and defend your rights.

Arson is a crime punishable in a court of law, irregardless of the motive behind it, be it revenge, peer-pressured vandalism, criminal concealment, insurance fraud, extreme activists, or simple boredom. According to arson statistics of the Federal Bureau of Investigation, an estimated 16,163 individuals were arrested for arson in 2003 - 84.4% were male and 50.8% were under the age of 18, an alarming 31.2% of which were under the age of 15 (Federal Bureau of Investigation - Press Release). The number of arson crimes has increased in recent years with statistics reflecting arrests totaling 16,582 in 2006, a rise of 3% from 2003 (FBI- Crime in the United States 2006). Preliminary crime reports for the first half of 2007 should be released in late 2008. While it is difficult to determine how often arson occurs nationwide, in the state of Texas and Arizona wild fires are causing millions of dollars in damage.

Insurance Fraud
Most recently, a spike in the foreclosure rate has raised fear in many insurance companies that clients might see arson as an escape from overwhelming debts. In a report from the Coalition against Insurance Fraud, it was noted that “with untold thousands of homeowners struggling with ballooning sub-prime mortgage payments, fraud fighters are watching closely for a spike in arsons by desperate homeowners who can no longer afford their home payments.” An example of such a case occurred in Russellville, Indiana, whereby Christina Snyder allegedly approached her neighbor and propositioned her with a $5,000 payoff if she would help burn down her house, while making it look like an attempted rape and arson. The neighbor declined and reported Snyder to the police. The claim would have paid out $80,000. Authorities are on the alert, as are insurance companies, for arson-related insurance fraud.

Current Punishment Procedures in the United States
Most often, fires are set during the night, making it difficult for investigators to find an eye witness. Nonetheless, many arson cases are solved and brought to trial, even though bringing justice against these criminals is not easy without sound and irrevocable proof. The punishment for such crimes varies from state to state, and the graveness of the crime is taken into consideration. Though extremely rare, some states will implement capital punishment if the arson case involves the death of a victim. The most common sentence is on average 7 years, but if the property involved occupied residential homes, the sentence can entail an average of 20 years or more.

U.S. Arson Statistics
Table reflecting the number of fires, deaths, and dollar loss by year:

Year Fires Deaths Direct Dollar Loss (in millions)

1997 78,500 445 $1,309
1998 76,000 470 $1249
1999 72,000 370 $1281
2000 75,000 505 $1,340
2001 45,500 330 $1,013
2001 (2) -- 2451 $33,440
2002 44,500 350 $919
2003 37,500 305 $692
2004 36,500 320 $714
2005 31,500 315$664
2006 31,000 305 $755

28.02. ARSON. (a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(C) knowing that it is subject to a mortgage or other security interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

(b) It is an exception to the application of Subsection

(a)(1) that the fire or explosion was a part of the controlled burning of open-space land.

(c) It is a defense to prosecution under Subsection

(a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

(d) An offense under Subsection

(a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:

(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or

(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.

(e) An offense under Subsection

(a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.

(f) It is a felony of the third degree if a person commits an offense under Subsection

(a)(2) of this section and the person intentionally starts a fire in or on a building, habitation, or vehicle, with intent to damage or destroy property belonging to another, or with intent to injure any person, and in so doing, recklessly causes damage to the building, habitation, or vehicle.

(g) If conduct that constitutes an offense under Subsection

(a-1) or that constitutes an offense under Subsection

(f) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection

(a-1) or Subsection

(f), under the other subsection of this section, or under the other section of this code.

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