Washington law acknowledges two degrees of arson. These are arson in the first degree and arson in the second degree. You commit second degree arson in Washington if you knowingly and maliciously cause a fire or explosion which damages a particular structure or object, like a building, motor vehicle, boat, or aircraft. Arson in the second degree is a felony offense (as opposed to a misdemeanor) that can result in a decade behind bars. Please contact a skilled criminal defense attorney now if you or a loved one has been charged with arson or any other crime.

How Does Washington Law Define Arson in the Second Degree?

RCW 9A.48.030 is the Washington statute that sets forth the offense of second degree arson. Per this law, you are guilty of arson if you knowingly and maliciously cause a fire or explosion which damages any:

  • building, or any structure or erection appurtenant to or joining any building,
  • wharf or dock,
  • machine,
  • engine,
  • automobile,
  • watercraft,
  • aircraft,
  • bridge or trestle,
  • hay, grain, crop, or timber, whether cut or standing,
  • range land or pasture land, or
  • property.

Note for the purposes of this crime, “maliciously” means to act with an evil intent, wish, or design to vex, annoy, or injure another person. It is also understood to mean acting with a willful disregard of another’s rights, or doing something without just cause or excuse, or showing a willful disregard for social duty. 

What are the Penalties?

Second degree arson is a class B felony under Washington law. The crime is punishable by:

  • custody in state prison for up to ten years, and/or
  • a maximum fine of $20,000.

Can a Defendant Raise a Legal Defense?

Fortunately, people facing an arson charge can contest it with a legal defense. Recall that you are only guilty of arson in the first degree if you acted “knowingly and maliciously.” A defense, then, is for you to show that you did not act with either of these aims. Maybe, for example, you started a fire on accident or with no evil intent.

Your criminal defense attorney can also try to challenge a charge by showing that the police somehow violated your rights. For example, maybe the police:

  • arrested you without probable cause,
  • coerced a confession, or
  • conducted an unlawful search and seizure.

If any of the above, your defense lawyer can try to have your charges reduced or even dismissed.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge an arson charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on criminal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

* Main image at top from freepik