I Was Arrested for Arson in Nevada – What Penalties Do I Face?

Getting arrested is scary. Getting arrested for arson? That’s terrifying. As someone who was just arrested for arson in Nevada, you probably have a lot of questions about what happens next and what consequences you may face. Don’t worry – I’m here to walk you through it and provide as much helpful information as I can.

First off, take a deep breath. Being arrested does not mean you will automatically be convicted. You still have rights and defenses. Second, start thinking about hiring a criminal defense lawyer ASAP. An experienced attorney can advise you on the best legal strategies and make sure your rights are protected every step of the way.

What Exactly is Arson in Nevada?

The Nevada crime of arson involves “willfully and maliciously” setting fire to or burning property – either your own or someone else’s[1]. There are four degrees of arson under Nevada law:

• First-degree arson – Willfully and maliciously burning an occupied structure like a home, business, or vehicle. This is a category B felony[2].
• Second-degree arson – Burning an abandoned or vacant structure. Also a category B felony[2].
• Third-degree arson – Burning an unoccupied vehicle or vegetation. This is a category D felony[2].
• Fourth-degree arson – Attempting to burn any property mentioned above or preparing to commit arson. A category D felony[2].

Arson laws are broad. You don’t have to actually succeed in burning something down – just attempting or preparing can still lead to charges. Accidents and natural fires don’t count as arson, however. The fire must be intentionally and maliciously set[1].

What Penalties Could I Face If Convicted?

Arson is always charged as a felony in Nevada. The penalties you face depend on the degree and your criminal history:

• First-degree arson – 2 to 15 years in prison and/or up to a $15,000 fine[2]
• Second-degree – 1 to 10 years in prison and/or up to a $10,000 fine[2]
• Third-degree – 1 to 4 years in prison and/or up to a $5,000 fine[2]
• Fourth-degree – 1 to 4 years in prison and/or up to a $5,000 fine[2]

In addition to fines and imprisonment, the court may order you to pay restitution to compensate victims for property damage or firefighting expenses.

If anyone was injured or killed in the fire, you may face additional charges like assault, murder, or felony murder[3].

What Defenses Can I Raise Against Arson Charges?

While the penalties are severe, there are defenses a Nevada arson lawyer may use to fight the charges against you:

• It was an accident – If the fire was accidental and not intentional, it doesn’t meet the “willful and malicious” criteria for arson. For example, an electrical fire started by faulty wiring wouldn’t be considered arson.
• Natural disaster – Similarly, if the fire was naturally occurring like a wildfire or lightning strike, it doesn’t qualify as arson under Nevada law.
• False accusations – If someone falsely reported you committed arson, your attorney can argue there is insufficient evidence you actually set the fire.
• Intoxication – Voluntary intoxication could potentially be a mitigating factor that negates the “willful and malicious” intent required for an arson conviction[4].

A skilled criminal defense lawyer will thoroughly investigate your case to determine the best defenses to pursue. Don’t hesitate to discuss all your options.

How Can a Conviction Affect My Life Moving Forward?

If you are convicted of arson in Nevada, you’ll face consequences beyond just jail time:

• Employment issues – Arson is considered a crime of moral turpitude, which can impact your ability to get certain professional licenses or job opportunities, especially in healthcare, education, financial services etc.
• Immigration problems – Arson is a deportable offense. A conviction could get you removed from the U.S. if you are a non-citizen[5].
• Inability to possess firearms – Arson convictions prohibit you from legally owning guns in Nevada[6].
• Restitution payments – As mentioned earlier, the court may order you to pay money to victims to cover property damage costs. These costs can be steep.
• Probation – If you receive probation instead of jail, you’ll be subject to supervision for 1 to 5 years usually. Violating probation terms could land you behind bars.
• Civil lawsuits – Victims may sue you in civil court for damages related to the arson. You’d be liable for any monetary judgments against you.

As you can see, an arson conviction has severe and long-lasting consequences. It’s critical you retain legal counsel immediately to protect yourself.

Should I Consider a Plea Bargain?

To avoid harsh penalties, your attorney may advise you to accept a plea bargain rather than risk trial. Common plea deals in Nevada arson cases include:

• Pleading to a lesser charge – For example, pleading to reckless burning instead of arson.
• Pleading to a lower degree – Pleading to 2nd degree arson rather than 1st.
• Sentence reduction – Agreeing to a lighter prison sentence.
• Charge dismissal – Dismissing additional charges in exchange for a guilty plea on one arson count.

While plea bargains do come with a guilty conviction, they can significantly reduce your penalties versus losing at trial. Your lawyer will discuss the pros and cons so you can make an informed decision that’s right for you.

What Should I Do Now After Being Arrested for Arson?

Here are some steps to take after an arson arrest:

• Remain silent – Don’t admit anything or try justifying your actions to police. That could hurt your case later on.
• Hire a lawyer – An experienced criminal defense attorney is critical to protect your rights in this complex legal situation.
• Follow pretrial release terms – If you bond out of jail, comply with all conditions like drug testing, ankle monitoring, etc.
• Attend court dates – Show up on time to all hearings. If you miss court, a warrant could be issued for your arrest.
• Seek counseling – Meeting with a therapist or counselor can help address any underlying issues and provide support.
• Avoid social media – Don’t post anything about your case online – that could come back to haunt you.

Dealing with arson charges is scary, but taking proactive steps like finding a knowledgeable attorney can help you navigate the legal process and achieve the best possible outcome. With hard work and commitment on your part, this does not need to define your future.

Conclusion

Being arrested for arson can turn your life upside down. But there are defenses available, and an experienced Nevada arson lawyer can thoroughly analyze the facts of your case to build the strongest defense. Don’t wait to seek legal representation – your rights, freedom, and future are on the line.

While the penalties for arson seem harsh, taking positive steps forward could mitigate the consequences. Listen to your lawyer’s advice on plea bargains or trial strategies. Attend counseling to address destructive behaviors. And lean on family and friends for their ongoing support.

This is undoubtedly one of the most challenging times of your life. But there are always options, and with the right help, you have the power to overcome this. Stay strong, keep your head up, and focus on moving in a positive direction. You can get through this.