Arson Defense Lawyer in St. Louis

Arson Lawyer in St. Louis, MO

Arson is one of the oldest felonies in American law, although Missouri has significantly expanded the scope of this criminal offense.

Combs Waterkotte has extensive experience representing people charged with arson and related crimes. Our attorneys can prepare a legal defense, gather evidence, and advocate for a positive outcome in your arson case.

Arson Offenses in Missouri

In American common law, arson could only be committed by burning the dwelling of another person. Missouri has expanded the scope of arson offenses, adding three additional crimes to cover the burning of property other than dwellings.

Specifically, the state has three levels of arson. These offenses apply when someone damages a building or inhabitable structure by starting a fire or causing an explosion. Inhabitable structures include buildings, vessels, and vehicles where people can work, assemble, or spend the night.

These properties are considered inhabitable even if no one lives in them. Thus, a vacant house or RV parked in storage qualifies as an inhabitable structure.

“Property” is anything of value. This includes inhabitable structures but also things like vacant lots, motorcycles, or documents. Missouri has three offenses that cover burning or exploding property.

The following are the laws in the Missouri Revised Statutes regarding arson:

First-Degree Arson

First-degree arson can happen in two ways. First, someone can commit this offense by knowingly damaging a building or inhabitable structure by fire or an explosion when any person is present or nearby. The fire or explosion must occur in a way that recklessly places the person in danger of death or serious physical injury.

Importantly, you can commit this type of arson against a building or inhabitable structure you own. This is one of just two arson offenses that isn’t limited to the property “of another.” Moreover, your purpose in causing the fire or explosion is irrelevant as long as you’re aware that you’re doing it.

Consequently, it could be arson to set your RV on fire while someone is inside as a prank — you knew you were starting a fire and were reckless about the other person’s life and health.

Second, a person commits this offense when damaging a building or inhabitable structure by fire or explosion while manufacturing methamphetamine. This offense was targeted at meth cooks that inadvertently start fires or explosions and damage or destroy buildings as a result.

Again, this type of arson includes buildings and structures you own. Furthermore, it can occur even when you took every precaution against causing a fire or explosion and therefore lacked the intent to damage or destroy the building. The mere fact that a fire or explosion occurred while cooking meth could be enough to trigger this charge.

Second-Degree Arson

Second-degree arson knowingly damages a building or inhabitable structure by fire or explosion. Prosecutors would use this charge when they believe you burned or blew up a building, vessel, or vehicle without endangering anyone else’s health or life.

The statute specifically allows you to raise a defense to second-degree arson by proving the following:

• You’re the sole owner of the property or have permission from any co-owners
• You damaged or destroyed the structure for a lawful purpose

In other words, you can only commit second-degree arson against a building or structure you own if you burn it for an unlawful purpose or fail to get a co-owner’s permission.

For example, a property owner who burns down their home to defraud their insurer may have committed second-degree arson. By contrast, a property owner who burns down a shed to end a termite infestation probably hasn’t committed second-degree arson as long as they’re the sole owner or have permission from any joint owners.

Third-Degree Arson

Third-degree arson happens when a person knowingly causes a fire or explosion that damages or destroys another’s building or inhabitable structure. However, prosecutors only need to prove that the accused was reckless in damaging the structure.

Suppose that you deliberately set off fireworks in your yard after authorities issued a burn restriction due to drought.

Prosecutors might file third-degree arson charges against you if the fireworks ignite bushes in your neighbor’s yard and burn down their home. They would argue that you knowingly set off an explosion and consciously disregarded the danger to your neighbor’s house.

Knowingly Burning or Exploding

Burning or exploding offenses cover property other than buildings and inhabitable structures. “Knowingly” means you’re aware of the nature of your conduct or that it is practically certain to cause the prohibited result.

As such, this offense occurs when someone starts a fire or sets off an explosion with the awareness that the blaze or blast is practically certain to damage or destroy someone else’s property.

Recklessly Burning or Exploding

“Recklessly” means you consciously disregarded a substantial and unjustifiable risk that the prohibited result would occur. Consequently, reckless burning or exploding happens when someone causes a fire or explosion and ignores the likely damage it might cause to someone else’s property.

Negligent Burning or Exploding

“Negligence” occurs when someone grossly deviates from the care and caution a reasonable person would have exercised in the same situation.

Negligent burning or exploding happens when the accused carelessly damages someone else’s property, woodlands, cropland, grassland, prairie, or marsh by triggering a fire or explosion or failing to prevent the spread of a fire or explosion.

Possible Defenses Against Arson Charges in St. Louis, MO

The prosecution carries the burden of proof in criminal cases. Prosecutors must have evidence that establishes every element of the charged offense. If they fail to meet this burden, the judge or jury must find you not guilty.

As your arson legal team, we’ll point out to the court when the prosecutors have failed to meet their burden. We may also present the following affirmative defenses, depending on the facts of your case:

Alibi

We can present evidence that you weren’t present at the crime scene, which may include:

• Witnesses who saw you elsewhere
• Photos or videos
• GPS phone data

In some cases, we might not even need to present any evidence of your alibi defense — we can simply point out that the prosecution’s evidence points to someone else.

Mistaken Identity

It’s possible that you were present at the scene but weren’t responsible for starting the fire or causing the explosion.

For example, the police might have traced the source of a neighborhood fire to your property and accused you of starting it. We can provide evidence that trespassers, kids on your property, or other parties besides you could have started the fire.

Lack of Intent

Arson requires intent. That means an accidental fire generally won’t qualify as arson unless it started in a meth lab.

We can show there was a lack of intent, that the fire started due to circumstances outside your control, such as bad wiring, spills of flammable materials, or a candle that tipped over. We can even consult fire experts to analyze the fire and testify that you couldn’t have started it deliberately.

Statutory Exception

The arson statutes have several notable exceptions. We may argue that the property belonged to you or doesn’t qualify as a building or inhabitable structure. These facts might overcome some arson or burning charges.

Punishment for Arson, Burning, and Exploding Offenses

The consequences for arson and arson-related charges are severe. A court can sentence an offender to the following penalties upon conviction: