Do Federal Arson Charges Lead to Prison Time?

Do Federal Arson Charges Lead to Prison Time?

When it comes to federal arson charges, the short answer is yes – these charges often result in prison time if convicted. Let’s take a closer look at what kinds of penalties you might face.

Federal Laws on Arson

There are a few key federal laws that cover arson crimes:

• 18 U.S.C. § 844(i) – This law makes it illegal to damage or destroy any property used in interstate commerce or affecting interstate commerce through the use of fire or explosives. Conviction carries a minimum 5 year prison sentence and maximum of 20 years.
• 18 U.S.C. Chapter 10 – Covers crimes of burning or bombing government property, which includes federal buildings, lands, infrastructure, and more. Penalties can include fines, restitution, and up to life in prison.

So if the federal government decides to charge you with one of these arson offenses, you’re looking at guaranteed prison time if convicted – there’s no way around it.

How Much Prison Time Are We Talking?

The amount of prison time faced for a federal arson conviction can vary quite a bit depending on the exact circumstances. But here’s a quick overview:

• 5-20 years is typical for a “basic” federal arson charge under 18 U.S.C. § 844(i).
• 7 years to life is possible for arson resulting in injury or death to a person.
• Up to life in prison can be handed down for burning federal property or resources.

And that’s just looking at the arson statutes themselves – charges can stack up if the case involves other related federal crimes like mail/wire fraud, conspiracy, racketeering, etc. Each added charge tacks on more potential prison time.

What About Mandatory Minimum Sentences?

Some federal arson laws carry what are known as “mandatory minimum” prison sentences. This means if you’re convicted, the judge must sentence you to at least the minimum number of years – no exceptions.

For example, a conviction under 18 U.S.C. § 844(i) where a person was injured carries a 7 year mandatory minimum sentence. So even if the judge wants to go lighter based on the circumstances, their hands are tied by the mandatory minimum.

Can You Get Less Than the Minimum Prison Term?

In some cases, yes. Let’s look at a few ways you might end up with a below-guidelines sentence for federal arson charges:

• Plea Agreements – Pleading guilty instead of going to trial lets prosecutors offer a reduced charge/sentence recommendation. So you may plead to a lesser arson or non-arson charge with lower penalties.
• Providing Substantial Assistance – If you provide important help to prosecutors taking down higher targets, they can file a motion letting the judge depart from mandatory minimums.
• Sentencing Disparities – Your defense lawyer may argue your co-defendants got lighter sentences and it’s unfair for you to receive more prison time for the same actions.

However, don’t count on getting less than the minimum – it doesn’t happen often unless you have a truly compelling case. Federal data shows only 10% of arson sentences fell below the guidelines.

What About Sentencing Enhancements?

On the flip side – your prison time for federal arson can also end up higher than the maximum sentence through enhancements like these:

• Prior Felony Convictions – Having previous felonies on your record bumps your criminal history score, increasing the guideline range.
• Use of Explosives – Using explosives instead of just fire brings a tougher sentence – 18 U.S.C. § 844(h) tacks on 10 years to any term of imprisonment.
• Terrorism Link – Arson with a link to domestic/international terrorism allows prosecutors to pursue terrorism enhancements leading to life in prison.

So while you hope for the minimum, there are many ways for prison time to ratchet up past the maximum sentence too.

What About State vs. Federal Arson Charges?

Many acts of arson can be charged at both the state or federal level. This leads to the question – is it better to face state or federal charges?

Each has pros and cons, but generally federal charges lead to tougher penalties:

• Higher Sentences – Federal sentencing guidelines tend to be more severe than state laws for the same offenses.
• Additional Resources – The power and resources of the federal government make convictions more likely vs. local prosecutors.
• Mandatory Minimums – Federal arson laws usually have mandatory minimum sentences while state laws give more flexibility.

However, state charges may make more sense if the damage was contained locally. So consult an experienced federal criminal defense lawyer to assess the pros/cons in your specific case.

What Can a Lawyer Do to Help?

Having an aggressive defense attorney in your corner is crucial when facing federal arson allegations. An expert federal criminal lawyer can:

• Negotiate with prosecutors for reduced charges/sentencing recommendations
• Challenge issues with evidence, searches, interrogations, etc.
• Present mitigating circumstances to the judge advocating for less prison time
• Explore alternate sentencing options like house arrest, community service, etc.

While the penalties for federal arson charges are undoubtedly severe, an experienced federal criminal defense attorney can help develop the most favorable resolution possible under the circumstances. Don’t leave your fate in the government’s hands alone.