Columbia Arson Lawyer

Columbia Arson Attorney

Arson is a felony in South Carolina and can even have mandatory minimum sentences. A criminal conviction can alter your entire future, and no criminal offense should be taken lightly. Just because you are charged with or arrested for arson does not mean you will be convicted. It is crucial to get experienced legal counsel and work with a Columbia arson lawyer to mitigate or prevent these charges from affecting your future, reputation, and freedom.

For nearly 30 years, the Law Office of Charles T. Brooks III has supported the rights and interests of our clients throughout South Carolina. Our firm knows the severity of these charges and works diligently to build a strong strategic defense for your case.

Fires can be caused by many different issues, and prosecutors may pursue arson charges even when there isn’t a reason for it. Our criminal defense law firm fights for your interests, investigates the charges against you, and determines the ideal defense strategy, potentially allowing the charges you face to be dropped or reduced.

What Is Arson?

Arson is the criminal offense of burning, setting fire to, or causing an explosion in a structure or building. The offense must be willful and malicious to be legally considered arson in South Carolina. You can be charged with arson if you aid, counsel, or procure a burning, meaning you don’t have to set it yourself to be charged. There were 15 cases of arson in Columbia in 2019 and 38 cases in Richland County. Arson damages structures or buildings such as:

• Dwelling home
• Structure designed for occupancy
• Public or private school
• Church or place of worship
• Where business is conducted
• Institutional facility
• Plant or warehouse
• Local and municipal buildings
• Motor vehicle
• Railway car
• Watercraft
• Aircraft
• Other personal property

Property is considered to be damaged in an arson offense if there is burning, charring, smoking, scorching, blistering, singing, or other forms of changing the composition. The structure does not have to burn down for arson to be charged. You can be charged with arson whether the property was yours or someone else’s.

Arson is categorized into first, second, and third degree. The offense charged depends on the type of structure that was damaged and whether anyone was hurt or killed. The City of Columbia Police Department Metro location is located at 1800 Main Street.

Arson Charges and Penalties

There are three arson charges:

1. First-degree arson. This is the offense of arson when it results in the severe injury or death of another person, either directly or indirectly, from the fire or explosion. Conviction of this is a first-degree felony and has a minimum sentence of 30 years in prison.
2. Second-degree arson. This offense occurs when the structure in which the arson occurs is a dwelling, home, school, facility, place of business, or other structure that is made for people to occupy. Even if no one is in the structure, it is still charged as such. It is a second-degree felony, resulting in a minimum of three years in prison, up to 25 years.
3. Third-degree arson. This arson offense occurs when the damaged structure is not a structure named in first- or second-degree arson or is a motor vehicle or other form of personal property. This is charged as a third-degree felony, resulting in up to 15 years in prison.

Arson has never been charged with a misdemeanor in South Carolina. If certain elements are not present, such as intention, malice, or damage to a structure, then the crime could be charged as a lesser offense, such as burning the lands of another or attempting to burn. Even if these are lesser offenses, they can still have serious impacts on your future.

Why Is It Important to Work With an Arson Defense Lawyer?

Working with an arson criminal defense lawyer in Columbia is crucial to protecting your interests. Regardless of your guilt or innocence, it is essential that you get legal representation to defend your rights against aggressive prosecutors. An attorney could help lower or eliminate the charges you face, uncover weaknesses in the prosecution’s case, or uncover evidence that a fire was caused unintentionally. An attorney has the resources needed to conduct an investigation.

FAQs About Columbia, SC Arson Laws

What Is the Minimum Sentence for Arson?

The minimum sentence for arson is a third-degree felony charge, resulting in up to 15 years of imprisonment. Arson is the willful and malicious burning of a building or structure. If the structure is designed for human occupancy, the offense is charged as a second-degree felony, regardless of whether someone was in the building or not. This increases to a first-degree felony if the damage to any property results in the injury or death of another person.

What Is the Highest Degree of Arson?

The highest degree of arson is first-degree arson. This is the offense of purposefully and maliciously setting fire to or causing an explosion in a building or otherwise causing a building to be burned. It becomes first-degree arson when someone is seriously injured or killed either directly or indirectly because of the fire or explosion. A first-degree arson conviction results in a minimum of 30 years in prison.

Is Arson a Felony in South Carolina?

Yes, arson is a felony in South Carolina. Arson is the deliberate and vindictive setting of a fire in a building or structure. There are other charges in South Carolina for setting fire to lands, burning property other than a building, and negligently allowing a fire to spread. Some of these charges are misdemeanors rather than felonies.

What Are the Three Types of Arson?

There are three types of arson: first, second, and third-degree arson. They all require the following in South Carolina:

1. Malice and intent to cause the fire, cause the explosion, or otherwise procure a burning
2. Damages a building or structure, including a home, school, church, other place of worship, warehouse, or facility
3. The property is another person’s or the property of the person who committed the offense

If someone is severely injured or killed, the arson is first-degree.

Work With Strategic Arson Criminal Defense in Columbia

You don’t have to face criminal charges alone. At the Law Office of Charles T. Brooks III, we want to bring you an exceptional defense that fights for the ideal outcome in your case. We provide you with tailored and personalized legal care and fight for you each step of the way. Contact our firm today to see how we can help.