Arson – NRS 205.010 & NRS 205.030

Overview of Arson

In Nevada, arson is a serious criminal offense that involves the willful and malicious destruction of property through fire or explosion. Under NRS 205.010 and NRS 205.030, arson is categorized into various degrees based on the nature and extent of the damage caused. Understanding these statutes is crucial for anyone facing arson charges in Nevada.

Statutory Definition

• NRS 205.010 – Arson: This statute defines arson as the act of willfully and maliciously setting fire to or causing an explosion that damages or destroys any building or property.
• NRS 205.030 – Arson Involving a Structure: This statute specifically addresses arson where the fire or explosion results in damage to buildings or structures. It distinguishes between different levels of arson based on whether the damage was to occupied or unoccupied buildings.

Key Elements of the Offense

For a conviction under NRS 205.010 or NRS 205.030, the prosecution must prove the following elements beyond a reasonable doubt:

1. Willful Action: The accused acted willfully and intentionally, not accidentally.
2. Malicious Intent: The accused had malicious intent to damage or destroy property.
3. Fire or Explosion: The accused caused or set fire to or caused an explosion that resulted in damage to property.
4. Property Damage: The property damaged or destroyed must fall within the scope defined by the statutes, which includes buildings, structures, or other types of property.

Related Offenses

Understanding related offenses can help in grasping the broader legal context:

1. Attempted Arson – NRS 205.040: Involves the attempt to commit arson, even if the act did not result in property damage.
2. Destruction of Property – NRS 205.060: Covers the unlawful destruction of property not necessarily involving fire or explosions.
3. Burglary – NRS 205.060: Involves unlawfully entering a building with the intent to commit a crime, which could be related to arson if fire is used during the burglary.
4. Insurance Fraud – NRS 686A.281: May be related if arson is committed to claim insurance money fraudulently.
5. Reckless Burning – NRS 205.020: Covers situations where fires are started recklessly rather than intentionally.

Examples

• Example 1: Jake, frustrated with his landlord, sets fire to an empty warehouse owned by the landlord. The fire spreads and damages nearby buildings. Jake could be charged with arson under NRS 205.030 due to the damage to occupied structures.
• Example 2: Sarah, angry at a business competitor, sets fire to the competitor’s store, causing significant damage. She could face charges under NRS 205.010 for willful and malicious destruction of property.
• Example 3: Mike accidentally causes a fire while handling fireworks, and the fire spreads to a neighbor’s house. Even though Mike did not intend to cause damage, he could still be charged under NRS 205.010 if the prosecution proves malicious intent.

Defenses to Arson

There are several potential defenses to arson charges:

• Lack of Intent: If the accused did not act willfully or maliciously, but rather accidentally or without intent to cause damage, this can serve as a defense.
• False Accusation: If the evidence shows that the accused was falsely accused or that someone else committed the crime, this may exonerate the accused.
• No Connection to the Fire: If it can be demonstrated that the accused did not cause the fire or explosion, the charges may be challenged.
• Insufficient Evidence: The prosecution must prove all elements of arson beyond a reasonable doubt. If the evidence is insufficient, the charges may not stand.

Potential Penalty for Arson

The penalties for arson under NRS 205.010 and NRS 205.030 vary depending on the degree of the offense:

• First Degree Arson: Involves significant damage or destruction of occupied structures. Conviction can result in a Category A felony, punishable by life imprisonment with the possibility of parole, and fines up to $10,000.
• Second Degree Arson: Involves damage to unoccupied buildings or structures. Conviction can result in a Category B felony, punishable by 1 to 10 years in prison and fines up to $10,000.
• Third Degree Arson: Involves damage to property not classified under the higher degrees. Conviction can result in a Category C felony, punishable by 1 to 5 years in prison and fines up to $10,000.

Criminal Defense for Arson

At Hofland & Tomsheck, our legal team provides dedicated representation for individuals facing arson charges under NRS 205.010 and NRS 205.030. Joshua Tomsheck, with his extensive experience as a former Chief Deputy District Attorney, is well-equipped to handle complex arson cases.

If you are charged with arson, it is crucial to contact an experienced criminal defense attorney as soon as possible. Joshua Tomsheck will work diligently to review the evidence, identify the best defense strategy, and fight to protect your rights.

For more information about defending against arson charges in Las Vegas, call the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation. Our team is committed to providing exceptional legal support and guidance throughout your case.