A Guide to Arson Charges in Maryland

Getting Arson Charges In Maryland can ruin your life and carrer. Arson and related burning offenses are treated with significant gravity, carrying severe penalties that can alter a person’s life forever. Understanding the specific statutes is the first step toward building a defense.

This post breaks down the various arson-related crimes under Maryland law. We will explore the definitions, degrees of offenses, and the potential consequences associated with each charge. From first-degree arson to threats of burning, you will gain a clearer picture of what these charges entail.

Understanding Arson: Key Definitions (Section 6-101)

Before diving into the specific charges, it’s crucial to understand the terms Maryland law uses. Section 6-101 defines key concepts that form the basis of all arson-related offenses.

A “structure” is broadly defined. It includes not only buildings and houses but also manufactured homes, vehicles, and vessels such as boats and ships. This wide definition means that setting fire to a car can be treated as seriously as setting fire to a house. The law also distinguishes between a “dwelling,” which is a structure where someone regularly sleeps, and other types of structures.

Arson in the First Degree (Section 6-102)

First-degree arson is the most severe arson charge in Maryland. A person can be convicted of this offense if they willfully and maliciously set fire to or burn a dwelling. The law also applies if the fire or explosion burns a dwelling.

The key elements are intent (willfully and maliciously) and the type of structure (a dwelling). Because this crime endangers human life, it is a felony that carries a maximum penalty of 30 years in prison and a fine of up to $50,000.

Arson in the Second Degree (Section 6-103)

Second-degree arson covers the burning of a structure that is not a dwelling. This includes places like barns, office buildings, churches, or storefronts. Similar to first-degree arson, the act must be willful and malicious.

While still a serious felony, the penalties for second-degree arson are less severe than those for first-degree arson. A conviction can lead to up to 20 years in prison and a fine of up to $30,000. The distinction hinges entirely on whether the burned structure was a place where people sleep.

Malicious Burning of Personal Property in the First Degree (Section 6-104)

This offense moves from structures to personal property. A person commits first-degree malicious burning of personal property by willfully and maliciously setting fire to or burning property while knowing that a fire or explosion will damage a structure. The property’s value must be $1,000 or more.

Essentially, this charge applies when someone burns personal property with the knowledge that it will likely cause a building or other structure to catch fire. This felony is punishable by up to 5 years in prison and a fine of up to $5,000.

Malicious Burning of Personal Property in the Second Degree (Section 6-105)

Second-degree malicious burning involves willfully and maliciously setting fire to personal property valued at less than $1,000.00. Unlike the first-degree version, this charge does not require the intent or knowledge that a structure would be damaged.

This offense is a misdemeanor, but it still carries significant penalties. A conviction can result in up to 18 months in jail and a fine of up to $500. The primary factor is the value of the property that was burned.

Burning With Intent to Defraud (Section 6-106)

This law targets insurance fraud. A person is guilty of this offense if they set fire to a dwelling, structure, or personal property with the intent to defraud an insurer. It doesn’t matter who owns the property.

The prosecution must prove that the individual’s primary motive for setting the fire was to collect on an insurance policy. This felony carries a penalty of up to 5 years in prison and a fine of up to $5,000.

Threat of Arson (Section 6-107)

You don’t have to actually set a fire to be charged with an arson-related crime. Threatening to set fire to or burn a structure or property can lead to criminal charges. This includes making verbal threats, sending written threats, or communicating a threat in any way.

The law takes these threats seriously, as they can cause fear and disruption. A conviction for making a threat of arson is a misdemeanor and can result in up to 10 years in prison and a fine of up to $10,000.

Burning a Trash Container (Section 6-108)

Maryland law even has a specific statute for burning trash containers. A person can be charged under this section for willfully and maliciously setting fire to a container of flammable materials, like a dumpster or trash can.

While it may seem like a minor offense, it is a misdemeanor that can lead to up to 30 days in jail and a fine of up to $500. This law aims to prevent small fires from escalating into larger, more dangerous ones.

Attempt to Burn a Structure or Property (Section 6-109)

An attempt to commit an arson-related crime is also illegal. This includes trying to set fire to a structure or personal property. The law covers attempts to commit first-degree arson, second-degree arson, malicious burning, and burning with intent to defraud.

The penalties for an attempted crime are often just as severe as for the completed act. For example, an attempt to commit first-degree arson carries the same maximum penalty as the crime itself: 30 years in prison and a $50,000 fine.

Separate Units, Separate Violations (Section 6-110)

This section clarifies how charges can be applied in multi-unit buildings. If a fire damages separate units within a structure, such as apartments in a building or stores in a shopping center, the responsible person may be charged with a separate violation for each unit.

This means that a single fire could result in multiple counts of arson, significantly increasing the potential prison time and fines. Arson charges in Maryland are serious.

The Charging Document (Section 6-111)

Finally, Section 6-111 outlines the requirements for the official document used to charge someone with an arson-related crime. The document can use the term “arson” to describe the offense. It also states that if a defendant is charged with first-degree arson, they can be found guilty of second-degree arson if the evidence supports it.

This provides flexibility for prosecutors but also means a defendant must be prepared to defend against lesser included offenses. As you can see, arson charges in Maryland can come in many levels of severity.

Defending Your Arson Charges in Maryland

Facing arson charges can be overwhelming, but a strong defense is possible—especially when forensic practices and investigative standards are put under scrutiny. One of the cornerstone guidelines in fire investigations is the National Fire Protection Association’s NFPA 921, which sets the recognized scientific and technical foundation for fire and explosion investigations. Challenging non-adherence to NFPA 921 standards can be an effective defense strategy, as courts increasingly expect investigators to follow these protocols. If an investigator ignores or wrongly applies NFPA 921, the reliability of their conclusions—and any resulting evidence—can be seriously undermined.

Unfortunately, arson cases have a troubling history of relying on “junk science,” or methods that lack scientific validity. Older investigative techniques, such as interpreting certain burn patterns (e.g., “alligatoring” of char, crazed glass, or the myth of “pour patterns”) as definitive proof of accelerant use, have been largely debunked by modern science. Likewise, portable accelerant detectors such as “sniffers” or chemical color tests often yield false positives or lack independent reproducibility. Other unreliable indicators include misinterpretations of rapid-fire spread and assumptions about melted materials.

A thorough defense may include retaining independent fire investigators and experts who can scrutinize the government’s findings, test the reliability of the methods used, and educate the court about the scientific shortcomings of outdated or misapplied fire investigation techniques. By challenging the prosecution’s evidence on these grounds, it is often possible to create reasonable doubt about the cause and origin of the fire.

Our Trial Approach to Arson Charges in Maryland

Our firm has almost fifty years of experience. Our attorney, Justin Eisele, has extensive experience handling arson cases and has consulted with reputable arson experts around the country. There are extremely specific steps that arson investigators must take in Maryland. We are familiar with those laws.

Prosecuting attorneys in Maryland know when they have an experienced arson defense attorney against them, and if you are doing it right, your criminal defense attorney has gotten well into building your case even before the arson investigators’ file hits the prosecutor’s desk.

The Maryland State Police leads up most of the Maryland arson investigations and they are aggressive. You need to get to work with your experienced defense attorney immediately to fight your arson charges in Maryland.

Conclusion

Arson charges in Maryland are complex and carry life-altering consequences. From the severe penalties for first-degree arson to the serious implications of making a threat, each statute has specific elements that a prosecutor must prove beyond a reasonable doubt. Understanding these laws is essential for anyone facing such allegations. If you or someone you know is facing an arson charge, securing experienced legal counsel immediately is critical to protecting your rights and future.

Call us for a free consultation 24/7 at 301.513.7832, or you can contact us securely here. After completing this form, one of our lawyers will contact you within twenty minutes.