An arson conviction can result in jail, prison, and a felony on your criminal history. It is important to have an experienced legal team on your side defend your rights with law enforcement and prosecutors.
There are generally two types of arson cases in Michigan, Malicious Arson and Arson Insurance Fraud.
First Degree Arson MCL 750.72:
- Willfully or maliciously burns, damages, or destroys by fire or an explosive;
a multiunit building or structure regardless of whether any of the units are occupied or not.
any building or structure or real property and it results in physical injury to any individual.
- First Degree Arson is a felony punishable by up to Life in prison.
- A fine up to $20,000.00 or 3 times the value of the property damaged or destroyed.
Second Degree Arson MCL 750.73:
- Willfully or maliciously burns, damages, or destroys by fire or explosive;
a dwelling whether occupied, unoccupied, or vacant at the time of the fire or explosion.
- Second Degree Arson is a felony punishable by up to 20 years in prison.
- A fine up to $20,000.00 or 3 times the value of the property damaged or destroyed.
Third Degree Arson MCL 750.74:
- Willfully or maliciously burns, damages, or destroys by fire or explosive;
any building or structure or its contents, regardless of whether it’s occupied at the time.
any personal property having a value of $20,000.00 or more
any personal property having a value of $1,000.00 or more if the person has 1 or more prior conviction
- Third Degree Arson is a felony punishable by up to 10 years in prison.
- A fine up to $20,000.00 or 3 times the value of the property damaged or destroyed.
Fourth Degree Arson MCL 750.75:
- Willfully or maliciously burns, damages, or destroys by fire or explosive;
any personal property having a value of $1,000.00 or more, but less than $20,000.00
any personal property having a value of $200.00 or more if the person has 1 or more prior convictions
- Willfully or negligently sets fire to a woods, prairie, or grounds of another person or permits fire to pass from his or her own woods, prairie, or grounds to another person’s property causing damage or destruction to that other property.
- Fourth Degree Arson is a felony punishable by up to 5 years in prison.
- A fine up to $10,000.00 or 3 times the value of the property damaged or destroyed.
Fifth Degree Arson MCL 750.77:
- A person who intentionally damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson.
- Fifth Degree Arson is a misdemeanor punishable by up to 1 year in the County Jail.
- A fine up to $2,000.00 or 3 times the value of the property damaged or destroyed.
Arson of Insured Property MCL 750.76:
- A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or the contents is guilty of Arson of Insured property;
any dwelling that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.
any building, structure, or other real property that is insured against loss from fire or explosion if the person caused the fire or explosion with intent to defraud the insurer.
- Arson of Insured Property is a felony and is punishable as follows:
If the person violates section 1(a) up to imprisonment for life or any term of years
If the person violates section 1(b) up to imprisonment for not more than 20 years
If the person violates section 1(c) up to imprisonment for not more than 10 years
Arson of any type or any degree is a very serious criminal offense. You could be facing a significant Jail or Prison time. If you or someone you know has been accused of a Michigan Arson Crime, you need an experienced criminal defense attorney on your side. Our team takes a proactive approach in getting ahead of the charges levied against the accused. At DeMatteis & Ricciardello, PLLC we offer free consultations. Call us today for yours. 586-580-8183.