Under Washington law, you are guilty of arson in the first degree if, under certain circumstances, you knowingly and maliciously cause a fire or explosion. First degree arson is a felony offense (as opposed to a misdemeanor) and the crime is punishable by a possible life term in prison. Please contact a skilled criminal defense attorney now if you have been charged with arson or any other criminal offense.

How Does Washington Law Define Arson in the First Degree?

RCW 9A.48.020 is the Washington statute that sets forth the crime of first degree arson. Per this law, you commit a crime if you “knowingly and maliciously” cause a fire or explosion and either:

  • It is manifestly dangerous to any human life, including firefighters,
  • It damages a dwelling,
  • It is in a building with a human being inside who is not a participant of the crime, or
  • It is on property valued at $10,000 or more and you act with the intent to collect insurance proceeds.

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?

Arson in the first degree is a class A felony. In Washington, the maximum penalties for a class A felony include:

  • Life in prison, and/or
  • A $50,000 fine.

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 just started a fire on accident or with no evil intent.

You can also try to challenge an arson charge by showing that you were falsely accused. It may be the case that someone blamed you of a crime out of anger or revenge. In this case, you can raise the defense that you were unjustly blamed.

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