Arson is one of the most serious property crimes under Maryland law. If you’ve been charged with arson, you’re likely facing felony-level consequences, including prison time, fines, and a permanent criminal record. Below, we break down the key elements of Maryland arson law, including how it’s defined, the degrees of arson, possible penalties, and how a skilled defense attorney can help.
What Is Arson Under Maryland Law?
In Maryland, arson refers to the willful and malicious burning of a structure or property. The law makes important distinctions based on the type of property burned and whether anyone was put in danger. Charges can range from misdemeanors to serious felonies, depending on the circumstances.
Arson offenses are codified under Maryland Criminal Law Title 6, Subtitle 1, covering crimes involving destruction and malicious burning.
Degrees of Arson in Maryland
Maryland classifies arson into first and second degrees, as well as related offenses such as malicious burning and threats to burn.
First-Degree Arson (CR § 6-102)
First-degree arson is the most serious form of arson. It involves:
- Willfully and maliciously setting fire to or burning a dwelling (occupied or not), or
- Burning a structure where a person is present or likely to be present
Penalty: Up to 30 years in prison and/or a $50,000 fine
Second-Degree Arson (CR § 6-103)
Second-degree arson applies when someone:
- Maliciously burns a non-dwelling structure, such as a warehouse, barn, vehicle, or commercial building
Penalty: Up to 20 years in prison and/or a $30,000 fine
Related Offenses: Malicious Burning
If the property doesn’t qualify as a “structure,” the charge may be reduced to malicious burning:
- First-degree malicious burning involves damage of $1,000 or more (Felony; up to 5 years in prison and/or a $5,000 fine)
- Second-degree malicious burning involves damage less than $1,000 (Misdemeanor; up to 18 months and/or a $500 fine)
Threats to Burn or Attempted Arson
Even threatening to set fire to someone’s property can result in criminal charges under CR § 6-107. Attempting to commit arson—such as pouring gasoline but not igniting it—can still lead to serious consequences.
Penalty: Up to 10 years in prison and/or a $10,000 fine
Defenses to Arson Charges in Maryland
Every arson case turns on the intent, evidence of malice, and the nature of the property burned. Common defenses include:
- Lack of intent or accident – proving the fire was not started maliciously
- Insufficient evidence – challenging fire origin or expert testimony
- Ownership defenses – raising issues if the accused owned the property
- Alibi or mistaken identity – particularly if surveillance or witness ID is in question
A seasoned Southern Maryland criminal lawyer can examine the facts, consult fire investigators, and build a strategy to fight your case in court or negotiate a favorable outcome.
Arson Investigations Are Aggressively Prosecuted
In many cases, fire investigators, law enforcement, and even federal agencies like the ATF may be involved—especially if the fire affected multiple structures, endangered lives, or had potential insurance fraud implications.
Convictions can also carry collateral consequences like restitution, civil lawsuits, and long-term damage to your reputation and employment prospects.
Call a Southern Maryland Criminal Lawyer If You’re Facing Arson Charges
If you or a loved one has been charged under Maryland arson law, don’t wait to seek experienced legal help. These are complex cases with serious consequences—but they’re also winnable with the right strategy.
📞 Schedule a free consultation today with Southern Maryland Criminal Defense and protect your rights from the start.
