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If you’re facing arson charges in Charlotte, you need immediate legal representation. Arson is a serious property crime offense in North Carolina, often prosecuted aggressively and carrying severe penalties. Whether you’ve been wrongfully accused or the situation is more complex, the criminal defense attorneys at Randall Law are here to protect your rights and help you build a strong defense.

North Carolina Arson Laws

Arson is defined as the willful and malicious burning of property, and in North Carolina, it is classified into different degrees depending on the circumstances.

§ 14-58 – First-Degree Arson: Burning of Dwelling Houses

This statute makes it a felony to willfully and maliciously set fire to an occupied dwelling, regardless of whether it’s your own or someone else’s property. This is considered first-degree arson, the most serious form, due to the presence of occupants and the potential risk to human life.

§ 14-59 – Second-Degree Arson: Burning of Unoccupied Dwellings

Second-degree arson applies when someone sets fire to a dwelling or structure that is unoccupied at the time of the fire. While still a felony, it carries less severe penalties than first-degree arson because there is no immediate threat to life.

§ 14-60 – Burning of Schoolhouses or Churches

Burning any building used as a school or place of worship, whether occupied or not, is treated as a Class E felony. The law reflects the high social value placed on these types of institutions.

§ 14-62 – Burning of Public Buildings

This statute applies to fires set in public buildings such as courthouses, jails, or municipal buildings. Willfully setting fire to such a property is a Class F felony.

§ 14-66 – Burning of Personal Property

Intentionally burning personal property, such as a vehicle, furniture, or merchandise, can also lead to felony charges. The classification depends on the value of the property and whether the act was committed fraudulently (e.g., for insurance purposes).

§ 14-69.1 – Burning of Commercial Structures

Burning a commercial building, such as a business or industrial facility, is a Class E felony. This law applies even if the property is unoccupied at the time of the fire.

§ 14-69.2 – Felony Burning of Certain Buildings

This statute criminalizes the burning of structures like educational facilities, healthcare buildings, or public assembly areas, and classifies the offense as a Class E felony when done willfully and maliciously.

Degrees of Arson in Charlotte

First-Degree Arson

First-degree arson occurs when the fire is set to a dwelling or building that is occupied. Because the risk to human life is so significant, this offense is prosecuted as a Class D felony, punishable by 38 to 160 months in prison depending on the defendant’s prior record level.

Second-Degree Arson

Second-degree arson, on the other hand, involves the burning of a vacant or unoccupied dwelling. While still a serious charge, it is classified as a Class G felony, carrying a potential sentence of 8 to 31 months in prison.

Both degrees of arson require the prosecution to prove that the fire was set willfully and maliciously, and both can be enhanced if there are aggravating factors such as injury, death, or intent to commit insurance fraud.

Arson and Insurance Fraud

When a person files an insurance claim following a fire that is later deemed suspicious or intentional, they may face additional charges of insurance fraud. Filing a false claim or benefiting financially from an intentional fire can trigger both state and federal investigations. In many cases, the fraud allegation can be just as damaging as the arson charge itself.

How a Charlotte Arson Defense Attorney Can Help

Arson cases often hinge on forensic evidence, expert opinions, and motive assumptions. At Randall Law, we carefully scrutinize every aspect of your case to identify weaknesses in the prosecution’s argument, including:

  • Challenging the cause of the fire (accidental vs. intentional)
  • Disputing expert testimony regarding origin or accelerants
  • Uncovering improper investigative procedures
  • Raising reasonable doubt about your presence or intent

Our attorneys work with fire investigators, insurance specialists, and forensic experts to uncover the truth and protect your rights throughout the legal process.

Why Choose Randall Law?

With experience in defending violent crimes in both state and federal courts, Randall Law provides personalized legal strategies designed to reduce or dismiss charges when possible. From your initial consultation through trial (if necessary), we stand by your side every step of the way.

Frequently Asked Questions About Arson Charges in Charlotte

Can I be charged with arson even if I didn’t set the fire?

Yes. Under North Carolina law, if you assisted in planning or enabling the fire—even indirectly—you could still be charged as an accomplice.

What if the fire was an accident?

If the fire was caused by negligence or was accidental, you may have a strong defense. The prosecution must prove intent to convict you of arson.

Is arson a state or federal crime?

Arson can be prosecuted in state court or federal court, especially if the property is federally insured or the offense crosses state lines.

What happens if someone was hurt or killed in the fire?

Injuries or deaths related to the fire can result in aggravated charges, including felony murder, which carry significantly enhanced penalties.

Should I speak to police or my insurance company?

No. Do not give statements to investigators, fire marshals, or insurance companies without legal counsel. Even innocent comments can be misinterpreted. Speak with an arson defense attorney first.

Talk to an Experienced Arson Defense Attorney in Charlotte Today

If you’re being investigated or have been charged with arson, the stakes are high. Don’t face the legal system alone. Call Randall Law today at (980) 237-4579 for trusted, aggressive legal representation in Charlotte and throughout North Carolina.