An arson investigation can begin before authorities fully understand how a fire started. Investigators may examine burn patterns, electrical systems, surveillance footage, financial records, insurance policies, witness statements, and physical evidence recovered from the scene.
When investigators believe a fire was intentionally set, the consequences can become severe.
An Arson Defense Attorney can examine whether the fire was actually intentional, whether prosecutors can connect the accused to the scene, and whether the scientific evidence supports the government’s theory. Milner & Wynne represents clients facing serious felony charges in Dallas and throughout North Texas.
What Is Arson Under Texas Law?
Texas Penal Code §28.02 covers several forms of conduct involving intentionally starting a fire or causing an explosion.
Under one major part of the statute, a person can commit arson by starting a fire or causing an explosion with intent to destroy or damage certain property.
The law can apply to vegetation, fences, and structures on open-space land. It also applies to buildings, habitations, or vehicles under specified circumstances.
Those circumstances can include knowledge that the property:
- Is within an incorporated city or town
- Is insured against damage or destruction
- Is subject to a mortgage or security interest
- Is located on property belonging to another person
- Contains property belonging to another person
The statute also addresses situations involving recklessness concerning danger to another person’s life or property.
Because §28.02 contains several different theories of criminal liability, the precise allegations matter.
Does a Fire Have to Destroy the Property?
No.
Texas law states that a person can commit arson by starting a fire regardless of whether the fire continues after ignition.
Therefore, extensive destruction is not necessarily required.
A fire that is extinguished quickly can still result in an arson investigation if prosecutors believe the statutory elements are present.
However, the government still must establish the required conduct and mental state. Evidence that a fire occurred does not automatically establish who caused it or why it started.
Intent Is Critical in an Arson Case
Many arson prosecutions depend heavily on intent.
Accidental fires happen every day.
Electrical failures, appliances, mechanical problems, cooking accidents, cigarettes, weather conditions, combustible materials, and numerous other factors can cause fires without criminal conduct.
The prosecution may attempt to establish intent through circumstantial evidence.
Investigators might examine:
- Financial problems
- Insurance coverage
- Statements made before the fire
- Surveillance footage
- Phone records
- Location data
- Purchase records
- Alleged accelerants
- Prior disputes
- Witness testimony
A motive is not the same thing as proof.
A defense should examine whether the physical evidence actually establishes an intentionally set fire and whether reliable evidence connects the accused to it.
What Are the Penalties for Arson in Texas?
Arson under §28.02(a) is generally a second-degree felony.
A second-degree felony generally carries:
- Two to 20 years in prison
- A possible fine of up to $10,000
The offense can become a first-degree felony when specified aggravating circumstances exist.
For example, Texas law provides enhanced treatment when prosecutors establish that bodily injury or death occurred because of the fire or explosion. Certain fires involving qualifying habitations or places of assembly or worship can also result in first-degree felony prosecution.
A first-degree felony generally carries five to 99 years or life in prison and a possible fine of up to $10,000.
The exact subsection charged should always be reviewed before determining potential punishment.
Accidental Fire vs. Arson
One of the most important questions in an arson investigation is whether a crime occurred at all.
A fire scene can be difficult to interpret.
Fire itself destroys evidence. Firefighting efforts can alter the scene further. Walls may collapse, windows may break, water may move debris, and heat can damage electrical components.
Investigators may attempt to determine the fire’s origin and cause from what remains.
The defense can examine whether alternative accidental explanations were adequately investigated.
An Arson Defense Attorney may also work with independent experts when technical fire-cause evidence becomes central to the case.
Fire Investigation and Forensic Evidence
Arson cases can rely heavily on expert testimony.
Investigators may evaluate burn patterns, electrical wiring, fuel sources, debris samples, fire progression, ventilation, and potential ignition sources.
Laboratories may test debris for substances investigators believe could indicate an accelerant.
Defense counsel can examine:
- How the scene was preserved
- How samples were collected
- Chain of custody
- Laboratory procedures
- Alternative ignition sources
- Fire modeling
- Investigator assumptions
- Expert conclusions
Scientific evidence should be evaluated based on reliable methods and the actual conditions at the scene.
An investigator’s conclusion that a fire was intentionally set should not end the inquiry.
Insurance and Financial Evidence
Investigators sometimes examine insurance coverage when a home, business, vehicle, or other insured property burns.
They may look for evidence that the property owner stood to receive money from an insurance claim.
Financial records may also receive scrutiny.
Authorities might examine debt, business losses, mortgage obligations, recent insurance changes, or other financial circumstances.
These facts can potentially become part of a prosecution’s motive theory.
But financial difficulty does not establish arson.
Millions of people experience financial problems without intentionally destroying property. Prosecutors still need evidence establishing the charged offense.
Surveillance Video and Digital Evidence
Digital evidence can help investigators reconstruct events before and after a fire.
Potential evidence may include:
- Security-camera footage
- Doorbell-camera recordings
- Cell phone location information
- Vehicle GPS data
- Text messages
- Emails
- Social media communications
- Internet searches
- Purchase records
- Electronic access logs
Location evidence can become particularly important when identity is disputed.
Digital evidence can also support the defense. Video may show another person near the property, location records may contradict the prosecution’s timeline, or communications may provide an innocent explanation for conduct investigators initially considered suspicious.
Arson Involving Injury or Death
An arson investigation becomes substantially more serious when someone suffers bodily injury or dies.
Texas law can elevate qualifying arson offenses to a first-degree felony when bodily injury or death results from the fire or explosion.
These cases may also involve separate investigations concerning the cause of the injury or death.
Medical evidence, autopsy findings, fire-scene reconstruction, toxicology results, and witness accounts may become important.
Causation should be carefully examined.
The prosecution must establish the elements required for the offense and any enhancement it seeks to apply.
Controlled Burns and Other Statutory Issues
Texas arson law contains important exceptions and defenses that may apply in particular circumstances.
For example, §28.02 provides an exception concerning qualifying controlled burning of open-space land.
The statute also provides a defense involving certain fires or explosions within an incorporated city or town when the actor obtained a permit or other written authorization under applicable city regulations.
These provisions illustrate why the specific circumstances of the fire matter.
Not every intentionally started fire is criminal arson.
Statements During an Arson Investigation
Fire investigators, police detectives, or insurance investigators may ask questions soon after a fire.
Someone may be asked where they were, when they last visited the property, whether they smelled anything unusual, who had access, or what financial problems existed.
Investigators may later compare those statements with phone records, surveillance footage, financial documents, and forensic findings.
Inconsistencies can become part of the prosecution’s theory.
Consider speaking with an Arson Defense Attorney before voluntarily participating in a criminal investigative interview.
Building a Defense to Arson Charges
Arson cases can combine criminal law with highly technical scientific evidence.
Potential defense issues may include:
- Accidental ignition
- Lack of intent
- Identity
- Alternative fire causes
- Unreliable fire-scene analysis
- Laboratory evidence
- Chain of custody
- Surveillance footage
- Location data
- Witness credibility
- Financial evidence
- Search and seizure
- Causation of injuries or death
The defense should examine both sides of the prosecution’s theory.
First, can the government reliably establish that the fire resulted from criminal conduct?
Second, can it prove that the accused committed that conduct with the mental state required by Texas law?
Frequently Asked Questions About Arson Defense
Is arson a felony in Texas?
Yes. Arson under the primary provision of Texas Penal Code §28.02 is generally a second-degree felony. Certain aggravating circumstances can make it a first-degree felony.
How much prison time can arson carry?
A second-degree felony generally carries two to 20 years in prison. A first-degree felony generally carries five to 99 years or life. Both can include a fine of up to $10,000.
Does a building have to burn down for someone to be charged with arson?
No. Texas law does not require a fire to continue after ignition for an arson offense to potentially occur.
Can an accidental fire result in an arson investigation?
Yes. Investigators may initially suspect arson even when the defense contends the fire had an accidental cause. Determining origin and cause can become a major part of the case.
Can someone be charged with burning their own property?
Potentially. Texas arson law can apply to certain buildings, habitations, or vehicles under circumstances involving insurance, mortgages, property belonging to others, incorporated areas, or risks to people and other property.
Can fire investigators’ conclusions be challenged?
Yes. Defense counsel can examine the methodology, physical evidence, laboratory testing, alternative ignition sources, and assumptions underlying an investigator’s conclusions.
Does insurance automatically create a motive for arson?
No. Insurance coverage or financial problems may be evidence prosecutors investigate, but neither establishes that someone intentionally started a fire.
Should I hire an attorney before an arson arrest?
Yes. An attorney can represent someone during an active fire or arson investigation before an arrest or indictment occurs.
Speak With an Arson Defense Attorney
Arson prosecutions can depend on complicated questions involving intent, fire origin, forensic science, insurance records, digital evidence, and causation. Independent examination of the scene and technical evidence can be especially important when investigators claim a fire was intentionally set.
Milner & Wynne focuses exclusively on criminal defense and represents clients facing serious felony allegations in Dallas and throughout North Texas. If you have been arrested, charged, or learned that authorities are investigating a suspicious fire or explosion, an Arson Defense Attorney can examine the evidence and develop a defense based on the circumstances of your case.