Arson

Definitions and Applicable Law


Arson

 

 

Arson in the First Degree - RCW 9A.48.020.

  • A person is guilty of arson in the first degree if he or she knowingly and maliciously:
    • Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
    • Causes a fire or explosion which damages a dwelling; or
    • Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
    • Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds.
  • Arson in the first degree is a class A felony.

MALICE and MALICIOUSLY mean an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.

DAMAGES, in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act.

DWELLING means any building or structure, though movable or temporary, or a portion thereof, that is used or ordinarily used by a person for lodging.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Arson in the First Degree:

  • An offender score of zero establishes a range of 21 to 27 months in prison.
  • An offender score of nine establishes a range of 108 to 120 months in prison.

A firearm enhancement would add 60 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 24 months on to the end of a standard range sentence.

 

 

Arson in the Second Degree - RCW 9A.48.030.

  • A person is guilty of arson in the second degree if he knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property.
  • Arson in the second degree is a class B felony.

MALICE and MALICIOUSLY mean an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.

DAMAGES, in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Arson in the Second Degree:

  • An offender score of zero establishes a range of 3 to 9 months in jail.
  • An offender score of nine establishes a range of 63 to 84 months in prison.

A firearm enhancement would add 36 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 12 months on to the end of a standard range sentence.

 

 

Reckless Burning in the First Degree - RCW 9A.48.040.

  • A person is guilty of reckless burning in the first degree if he recklessly damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion.
  • Reckless burning in the first degree is a class C felony.

A person is RECKLESS or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and this disregard is a gross deviation from conduct that a reasonable person would exercise in the same situation.

When recklessness as to a particular result or fact is required to establish an element of a crime, the element is also established if a person acts intentionally or knowingly as to that result or fact.

DAMAGES, in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Reckless Burning in the First Degree:

  • An offender score of zero establishes a range of 0 to 2 months in jail.
  • An offender score of nine establishes a range of 22 to 29 months in prison.

A firearm enhancement would add 18 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 6 months on to the end of a standard range sentence.

 

 

Reckless Burning in the Second Degree - RCW 9A.48.050.

  • A person is guilty of reckless burning in the second degree if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.
  • Reckless burning in the second degree is a gross misdemeanor.

A person is RECKLESS or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and this disregard is a gross deviation from conduct that a reasonable person would exercise in the same situation.

When recklessness as to a particular result or fact is required to establish an element of a crime, the element is also established if a person acts intentionally or knowingly as to that result or fact.

The maximum penalty for Reckless Burning in the Second Degree is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.

 

Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101

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Timothy John Leary
Timothy John Leary
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