Here’s What Minnesota Arson Charges Could Mean for You

In Minnesota, arson crimes are charged as misdemeanors or felony offenses, depending on the nature of the crime and the severity of damages.

Table of Contents

Charged with Arson in Minnesota

The charges and penalties for arson crimes in Minnesota vary depending on the severity of the crime, the level of injuries, and the amount of property damages that result from the fire. An arson crime can be charged as a misdemeanor offense that carries fines and short jail terms or as a felony offense with steep fines and up to 20 years behind bars.

Arson is a serious offense due to the potential for severe personal injuries or death to fire victims and massive destruction of property. Minnesota laws put arson crimes into several categories:

Arson of a Dwelling

Dwelling fires are the most serious type of arson offense. They are usually charged as First Degree Felonies because they often involve injuries or loss of life to dwelling inhabitants. Any person who intentionally sets a fire or uses explosives that cause damage to a dwelling, whether inhabitants are present at the time or not, face fines up to $35,000 and prison sentences up to 20 years, or both.

Arson of Other Buildings

Building fires are charged as First Degree Felonies due to their potential for personal injuries, loss of life, and extensive property damages. Intentionally setting a fire or using explosives that cause damage to a building can result in fines up to $35,000 and prison sentences up to 20 years, or both.

Wildfire Arson

Dwelling and building fires cause destruction and devastation, but they are reasonably easy to contain and extinguish. Wildfires are not. When a fire is intentionally set in a forest or open land area, it can burn thousands of acres for days, even weeks, before it is extinguished. Because of the potential for massive damage, wildfire arson is automatically charged as a felony offense in Minnesota, with fines up to $10,000 and prison sentences up to 5 years, or both. More serious penalties may be imposed if:

  • The fire burns 1,500 acres or more
  • The fire causes damage to 100 dwelling or buildings
  • The fire causes damage to crops in excess of $250,000

If a person is stopped or found with items such as matches, torches, flame throwers, or flammable liquids that could start a wildfire, he/she may be arrested and charged with a gross misdemeanor.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.