NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is arson on federal property
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling complex federal cases. You might know us from the Netflix series about Anna Delvey, or our work on the Ghislaine Maxwell juror misconduct case, or representing clients in matters involving Alec Baldwin. If you’re facing federal arson charges, you need attorneys who’ve handled cases where everything is on the line.
Arson on federal property isn’t just setting a fire – it’s a federal crime prosecuted under 18 USC 81 with penalties that can reach 25 years or life in prison. Federal prosecutors and ATF investigators build these cases methodically with forensic evidence and cooperating witnesses. One mistake during an investigation, one statement without a lawyer present – that shapes the entire case against you.
What 18 USC 81 Actually Covers
The federal arson statute applies when someone willfully and maliciously sets fire to any building, structure, vessel, machinery, building materials, military stores, munitions, or navigation equipment within the special maritime and territorial jurisdiction of the United States. If you burn federal property or property within federal jurisdiction, you’re facing federal charges.
Willfully means you intended to start the fire. Maliciously means you did it with bad intent or reckless disregard for consequences. Federal prosecutors prove both elements through fire investigation reports from ATF certified fire investigators who examine burn patterns, accelerant residue, and ignition points.
Special maritime and territorial jurisdiction includes lands owned by the United States, federal enclaves where the federal government has exclusive or concurrent jurisdiction, and U.S. vessels on the high seas. Post offices, national parks, military bases, federal courthouses, VA hospitals, federal dams and locks, BLM land. If it’s federal property, 18 USC 81 applies.
The Types of Property That Trigger Federal Charges
Federal buildings in major cities – setting fire to an FBI field office or Social Security Administration building brings immediate federal attention.
National parks and forests. According to DOJ policy, arson in national parks falls squarely under federal jurisdiction. The fire doesn’t need to destroy a building, burning forest land or park structures counts.
Military installations – any structure or equipment on military bases. In 2025 federal prosecutors treat arson on military property as a threat to national security.
ICE detention facilities, federal prisons, customs houses. During the protests in 2020 and beyond, several defendants faced federal arson charges for fires at ICE buildings – federal prosecutors charged these aggressively.
Federal Penalties Are Severe
Standard arson under 18 USC 81 – up to 25 years in federal prison. That’s the baseline when the fire damages federal property but doesn’t involve a dwelling or put lives at risk.
If the building is a dwelling, or if any person’s life is placed in jeopardy, the penalties jump to any term of years or life imprisonment. Casey Robert Goonan received 235 months – over 19 years – in federal prison in September 2024 for firebombing a University of California Berkeley police car and attempting to firebomb the Oakland federal building. The court labeled him a domestic terrorist and applied terrorism enhancements.
Ronald Watson was charged in September 2025 with arson and destruction of government property for an attack on the ICE building in downtown Atlanta during summer 2020. These cases from years ago are still being prosecuted – federal investigators don’t drop arson cases.
Mandatory minimum sentences apply when arson involves certain aggravating factors. Under 18 USC 844(h), using fire to commit any federal felony carries a mandatory 10-year consecutive sentence on top of whatever sentence you receive for the underlying offense.
How ATF Builds These Cases
The Bureau of Alcohol, Tobacco, Firearms and Explosives handles federal arson investigations. ATF is the only federal agency with fire investigation as a core mission – they have certified fire investigators who conduct thousands of fire scene examinations every year.
ATF investigators document burn patterns, collect samples for accelerant testing, reconstruct the fire’s origin and spread, interview witnesses, and pull surveillance footage from every camera in the area. In 2025, surveillance technology makes it difficult to commit arson without being recorded.
Once ATF identifies a suspect, federal agents conduct interviews. This is where defendants hurt themselves – talking to federal agents without an attorney present. Anything you say gets documented in a Form 302 and used against you at trial.
The Investigation Timeline Stretches for Years
Federal arson cases take time to build. The Watson case charging arson at the Atlanta ICE building – that fire happened in summer 2020, charges came in 2025. Five years. Federal prosecutors can wait for forensic results, develop cooperating witnesses.
Statute of limitations is typically five years under 18 USC 3282. If the arson caused death, there’s no statute of limitations.
Building a Defense
Our criminal defense attorneys start by challenging the fire investigation itself – was the origin properly identified, were alternative ignition sources excluded, did investigators follow proper protocols.
ATF fire investigators are well-trained, but they make mistakes. They sometimes jump to arson conclusions when the evidence supports accidental causes. We work with independent fire experts who provide alternative interpretations.
Intent and motive matter enormously. Federal prosecutors must prove you willfully and maliciously set the fire. If you were present at the scene but didn’t start the fire, if you were part of a group but others acted without your knowledge, if the fire resulted from recklessness rather than intent – these distinctions change everything.
Federal arson cases often rely on cooperating witnesses who receive substantial sentencing reductions in exchange for testimony. We cross-examine these witnesses about their motives to cooperate, their own criminal conduct, inconsistencies in their statements.
Federal Sentencing Considerations
Even after conviction, sentencing involves extensive argument about guideline calculations. The base offense level depends on property damage – higher dollar amounts mean higher offense levels.
Terrorism enhancements – like the court applied in the Goonan case – drastically increase sentences. When federal judges find that arson was intended to promote a federal crime of terrorism, sentences can reach or exceed 20 years.
Acceptance of responsibility can reduce your offense level by two or three points. That might mean the difference between 15 years and 12 years.
Restitution is mandatory. The court must order restitution for the full amount of victim losses – property damage, costs of investigation, business interruption, alternative housing. In the Goonan case, the court ordered over $94,000 in restitution on top of the 19-year prison sentence.
If You’re Under Investigation
Don’t talk to federal agents without an attorney. Nothing you say will convince them not to charge you – their job is building a prosecutable case.
If ATF or FBI agents contact you for an interview about a fire, assume you’re a suspect and get a lawyer immediately. Federal agents are allowed to lie during investigations – they can tell you they just need your help, they just want to rule you out. These are interrogation tactics.
Don’t consent to searches of your vehicle, home, phone, or computer. Your consent just makes their job easier and waives your Fourth Amendment rights.
At Spodek Law Group – we handle federal cases across the country through our digital portal system. If you’re facing federal arson charges or you’re under investigation, the decisions you make in the next few days shape everything that follows. Our criminal attorneys understand how ATF builds these cases and where the vulnerabilities exist.
Federal arson charges carry decades of prison time. That’s the statutory reality under 18 USC 81. Getting the right defense strategy in place early – that’s how you create the best possible outcome in an impossible situation.