MARYLAND ARSON DEFENSE LAWYERS

Defending clients against arson charges in Maryland

The Maryland arson defense attorneys of SRIS, P.C. have compiled herein some of the arson laws in Maryland for your review. If you have been charged with arson in Maryland or assisting someone find an excellent Maryland arson defense lawyer, do not hesitate to contact us. Arson is a very serious crime in Maryland. If an individual is convicted of arson in Maryland, the individual will almost certainly be incarcerated. There are substantial defenses to an arson charge in Maryland. However, to raise these defenses, only an attorney who is familiar with arson cases can raise them on behalf of a client charged with arson.

Arson

MD CRIMINAL LAW § 6-101. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Dwelling

(b)(1) “Dwelling” means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.
(2) “Dwelling” includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.

Maliciously

(c) “Maliciously” means acting with intent to harm a person or property.

Structure

(d)(1) “Structure” means a building or other construction, a vehicle, or watercraft.
(2) “Structure” includes a:
(i) barn, stable, pier, wharf, and any facility attached to a pier or wharf;
(ii) tent, public building, or public bridge; and
(iii) railroad car.

Willfully

(e) “Willfully” means acting intentionally, knowingly, and purposely.

MD CRIMINAL LAW § 6-102. Arson in the first degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn:
(1) a dwelling; or
(2) a structure in or on which an individual who is not a participant is present.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both.

Prohibited defense

(c) It is not a defense to a prosecution under this section that the person owns the property.

MD CRIMINAL LAW § 6-103. Arson in the second degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the second degree and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $30,000 or both.

Prohibited defense

(c) It is not a defense to a prosecution under this section that the person owns the property.

MD CRIMINAL LAW § 6-104. Malicious burning of personal property in the first degree

Scope of section

(a) This section applies to a violation involving property damage of $1,000 or more.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the felony of malicious burning in the first degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

MD CRIMINAL LAW § 6-105. Malicious burning of personal property in the second degree

Scope

(a) This section applies to a violation involving property damage of less than $1,000.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

MD CRIMINAL LAW § 6-106. Burning with intent to defraud

Prohibited

(a) A person may not set fire to or burn property of any kind with the intent to defraud another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Statute of limitations and in banc review

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Sentence

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

MD CRIMINAL LAW § 6-107. Threat of arson

Prohibited

(a) A person may not threaten verbally or in writing to:
(1) set fire to or burn a structure; or
(2) explode a destructive device, as defined in § 4-501 of this article, in, on, or under a structure.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

MD CRIMINAL LAW § 6-108. Burning trash container

Prohibited

(a) A person may not willfully and maliciously set fire to or burn the contents of a dumpster or trash receptacle that belongs to another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both.

MD Criminal Law § 6-109. Attempt to burn structure or property

Placing or distributing a flammable, explosive, or combustible material or device in or near a structure or personal property in preparation for burning the structure or property is an attempt to burn the structure or property.

Contact the Maryland arson defense lawyers of SRIS, P.C. to mount an effective defense against an arson charge in Maryland. You can call us toll free at 888-437-7747 or contact us on line.