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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.
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.
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.
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.
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.
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.
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).
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.
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.
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, 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.
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.
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:
Our attorneys work with fire investigators, insurance specialists, and forensic experts to uncover the truth and protect your rights throughout the legal process.
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.
Yes. Under North Carolina law, if you assisted in planning or enabling the fire—even indirectly—you could still be charged as an accomplice.
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.
Arson can be prosecuted in state court or federal court, especially if the property is federally insured or the offense crosses state lines.
Injuries or deaths related to the fire can result in aggravated charges, including felony murder, which carry significantly enhanced penalties.
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.
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.
When you’re charged with arson, you face a host of potential penalties, including incarceration, fines, difficulty finding employment, and more. When so much is on the line, including your freedom, get immediate legal assistance from an attorney at Randall Law, Criminal Defense Attorneys. Contact us online, or call our firm at (980) 237-4579 to schedule a free, initial consult with one of our skilled criminal defense attorneys.
