Houston Arson Defense Lawyer
Practice Areas
Harris County Defense Lawyer for Arson Charges
Matters of public safety are of the utmost importance under Texas law, which is why arson investigation is such a serious matter. If you’re under investigation as a suspect in an arson case, don’t hesitate to contact an experienced Houston arson defense lawyer. B. Keith Jackson, Attorney and Counselor at Law PLLC, can help you fight arson charges.
B. Keith Jackson assists those facing tough legal battles in Texas. After serving Houston and the surrounding areas for many years, he knows what to expect during criminal offense cases. His experience and legal knowledge allow him to build a strong defense for his clients. As your violent crime lawyer in Houston, he will advocate for your rights with unwavering determination. If you’re facing criminal charges in Houston, call Attorney Jackson at (281) 545-5020 or schedule a consultation online to discuss your legal options.
What is Arson in Texas?
Texas law defines arson under Tex. Penal Code § 28.02. Arson can happen as the result of purposeful action or recklessness. Additionally, courts can charge an individual with arson for starting a fire with the intent to destroy certain items or property, regardless of whether the fire continues once ignited.
Starting a fire or causing an explosion with the intent to destroy or damage any vegetation, fence, or structure on open land can lead to arson charges. Similarly, courts may consider causing a fire or explosion with the intent to destroy a building, habitation, or vehicle to be arson. These acts qualify as arson if the perpetrator does so knowing any of the following to be true:
- The property is within the limits of an incorporated city or town
- The property is insured against damage or destruction
- The property is subject to a mortgage or other security interest
- The property is located within another person's property
- The property has another person’s property inside of it
If setting a fire or causing an explosion recklessly endangers the lives of others or another’s property, it qualifies as arson. Furthermore, recklessly starting a fire or explosion while manufacturing a controlled substance is arson if the fire/explosion damages a building, habitation, or vehicle.
Reckless Burning vs. Arson
Intent matters when it comes to how courts charge arson cases. Intentional arson generally involves intentionally setting a fire or causing an explosion. On the other hand, reckless burning can occur when a person starts a fire or causes an explosion without intending to do so. Generally speaking, Texas law requires harsher penalties for intentional arson. An intent to destroy property or harm others can also elevate charges.
Crimes Associated with Arson
Certain Texas crimes are closely associated with arson. Hiring a lawyer familiar with these crimes can be useful when defending against arson charges. For example, criminal mischief involves the intentional or knowing damage, destruction, tampering, or marking of another’s property without their consent. While arson specifically addresses property damage and harm that results from fires or explosions, criminal mischief covers a wider range of destructive means. Both arson and criminal mischief are defined under Title 7, Chapter 28 of the Texas Penal Code.
Arson crimes usually qualify as property crimes because there is an inherent risk of property damage. However, Texas courts may also charge arson as a violent crime in cases where it endangers others. Those accused of arson may also face charges of insurance fraud if insurance investigators have found they intentionally damaged insured property for financial gain. Houston criminal attorney Jackson can help those facing arson and related charges.
Penalties for Arson in Texas
Penalties for arson depend on the circumstances of the offense. The court will consider the intent behind the crime, the types of property exposed to the risk of damage or destruction, and the level of property damage that occurred. Additionally, whether or not the incident involved risk to human life, injury, or death will affect how the courts charge the crime.
First-Degree Felony Arson TX
Arson can be charged as a first-degree felony when a fire is set with the intent to damage or destroy a place of worship, a place of assembly, or a habitation. A first-degree charge also applies to cases in which a fire set with the intent to destroy or damage property unintentionally causes serious injury or death. Potential penalties include life in prison, 5 to 99 years in prison, and steep fines of up to $10,000.
Committing arson with the intent to kill is a more serious crime. As such, courts charge this crime as capital murder. Those convicted of capital murder in Texas face life in prison or the death penalty.
Second-Degree Felony Arson TX
Generally, intentionally starting a fire with the intent to damage or destroy property qualifies as a second-degree felony. Charges elevate from second to first degree in cases where the property in question is a place of worship, assembly, or habitation. Penalties for second-degree felony arson include a prison sentence ranging from 2 to 20 years and a $10,000 maximum fine.
Third-Degree Felony Arson TX
Recklessly starting a fire or explosion while manufacturing a controlled substance and causing bodily injury or death qualifies as a third-degree felony. Conviction can lead to imprisonment ranging from 2 to 10 years and up to $10,000 in fines.
State Jail Felony Arson TX
Recklessly starting a fire while manufacturing a controlled substance can qualify as a state jail felony if the fire causes damage to any building, habitation, or vehicle. Additionally, the intentional starting of a fire that recklessly causes building damage, building destruction, bodily injury, or death is considered a state jail felony. Courts may issue a penalty of 6 months to 2 years of jail time, fines up to $10,000, or both.
Additional Consequences of an Arson Conviction
Jail sentences and fines aren’t the only consequences you’ll likely face if convicted of arson. A criminal conviction can limit your employment opportunities. Employers may refuse to hire you after finding your conviction on your criminal record. Alternatively, you may be barred from certain industries or professional licenses. A felony conviction can result in losing your right to possess firearms. Conviction can also affect your right to vote, federal assistance, and education opportunities.
Why You Need an Arson Defense Attorney
It is wise to hire a Houston criminal defense attorney whenever you are accused of any illegal activity. In arson cases, however, it can be an especially necessary step. Given the gravity of the crime and the serious consequences associated with it, arson cases must be handled with care and precision. This is why you need professional legal representation from an attorney with experience in criminal defense.
A Houston arson lawyer understands the nuances of Texas law, the process of arson investigation, and other crucial details that can affect the outcome of your case. After carefully considering the circumstances of your case and the evidence at hand, an arson defense attorney will construct a strong defense using strategies that are uniquely suited to your case. Houston criminal defense attorney B. Keith Jackson is prepared to go over his criminal defense strategies with you.
Common Defenses to Arson in Texas
How can a Houston arson lawyer defend you against arson charges? Conviction of any crime requires the prosecution to provide satisfactory evidence that the crime occurred beyond a reasonable doubt. It is the job of your attorney to defend your rights by challenging the prosecution’s evidence and providing evidence that supports your case.
To convict a defendant of arson, the prosecution must prove that the defendant started the fire in question. Your lawyer may structure a defense around proving you did not start the fire that caused damage, destruction, injury, or death.
Although any fire that causes substantial damage or injury can lead to an arson charge, not all fires are the result of attempted arson. By proving that you did not intend to cause damage or injury when starting a fire, your lawyer can reduce the charges against you.
A Houston criminal defense lawyer will also be aware of the legal exceptions to arson charges in Texas. For example, fires or explosions that occurred as a result of the controlled burning of open-space land do not qualify as arson.
Facing Arson Charges in Houston? Call Texas Criminal Defense Attorney B. Keith Jackson
A criminal conviction is a serious matter that can impact multiple aspects of your life. Your personal reputation, employment opportunities, rights, and freedom are at risk when you face arson charges. Don’t wait to seek the legal counsel you need. Houston arson attorney Keith B. Jackson is prepared to fight on your behalf, protecting your freedom and more.
The law offices of B. Keith Jackson, Attorney and Counselor at Law PLLC, serve Houston, TX and the surrounding areas. If you’re ready to seek advice from a professional criminal defense attorney in Houston, contact us online or call(281) 545-5020.
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