Facing Federal Arson Charges? Here is What to Do

 Posted on January 09, 2025 in Criminal Defense

An arson charge at the federal level is serious business. Arson convictions come with severe penalties, usually including many years in prison. If federal agents accuse you of arson, it is critical to take the proper steps to protect yourself. A Texas federal criminal defense lawyer with The Crowder Law Firm, P.C. can help you determine the best next step you should take if you are being accused of, or investigated for, the federal crime of arson.

Know the Specifics of Federal Arson Laws

Unlike state arson laws, federal arson charges follow uniform legal guidelines nationwide. Most importantly, federal law prohibits using fire or explosives to willfully destroy or attempt to destroy any building, vehicle, or other real or personal property used in commerce. Commerce refers to any business-related activities or events which affect interstate trade or transportation.

Federal agents can charge you if they believe you intentionally set fire to property involved in commercial activities that cross state lines. This is why federal arson cases often deal with attacks on government buildings, banks, businesses, warehouses, and car dealerships. The penalties upon conviction are harsh, including up to life in federal prison if anyone was hurt or killed.

Are Arson Attacks on Synagogues Federal Crimes?

Arson attacks on synagogues, churches, mosques, and other places of worship can also lead to federal charges. Federal law explicitly criminalizes attacks on religious properties under statutes like the Church Arson Prevention Act and other laws that address hate crimes targeting religious institutions. If the arson is motivated by bias or hate, the penalties can be even more severe, potentially involving hate crime enhancements and additional federal charges.

Are There Mandatory Minimums for Federal Arson Convictions?

Mandatory minimums ensure that judges cannot give someone a lighter sentence, and federal arson offenses do carry mandatory minimum sentences. Anyone convicted under federal arson laws may be sentenced to at least five years in prison, with much higher minimums for arson involving injury or death.

How Does Injury or Death Increase Arson Penalties?

Federal law allows much harsher penalties when arson results in injury or death. If someone is injured, the mandatory minimum is seven years, but it can be much higher depending on the severity of the harm. If the arson causes death, a conviction may result in life imprisonment or the death penalty. This is why arson cases involving occupied buildings or targeting high-traffic areas often face the most aggressive federal prosecution.

When is Arson Just a Texas State Crime?

Not all arson cases result in federal charges. Arson is typically prosecuted at the state level when it involves private homes or other properties that do not affect interstate commerce. For example, setting fire to a personal home or a local structure not connected to business activities or interstate trade would usually fall under the state’s arson statute. However, when the property in question is federally owned, connected to commerce, or involves hate crimes, federal jurisdiction applies.

How Are People Who Commit Arson Caught?

Federal arson investigations typically rely on advanced forensic techniques and coordinated law enforcement efforts. Fire investigators analyze burn patterns, accelerant residues, and electrical systems to determine the cause of the fire. Agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) often play a leading role in these cases.

Evidence from security cameras, eyewitness statements, or even cellphone location data can also implicate a suspect. Federal cases often involve sophisticated tools and resources that significantly increase the likelihood of uncovering the truth.

Can a Lawyer Help with Arson Charges? 

A good lawyer with experience in defending against serious, federal criminal charges can only help your case. Some things a lawyer may do include: 

Consider Alternative Explanations

In some arson cases, the fire stems from an unfortunate accident rather than intentional wrongdoing. Your lawyer’s investigation could uncover an electrical issue, cigarette butt, knocked-over lantern, or other ignition source that witnesses failed to notice.

Find the True Culprit

If someone else set the fire, your attorney can also shift the investigation elsewhere. Reviewing security tapes, interviewing witnesses, and presenting strong alibis for your location at the time of the fire could demonstrate reasonable doubt.

Consider a Plea Bargain

The vast majority of federal cases end with plea bargains rather than criminal trials. Those who are convicted in a trial receive much longer sentences. If the evidence against you is overwhelming, your attorney may be able to negotiate a lesser charge through a plea deal. This avoids the expense, stress, and unpredictability of the trial. However, make sure you understand all the terms before taking a deal. No outcome is guaranteed, but having a legal professional on your side can help.

Contact a Plano, TX Arson Defense Lawyer

Facing an arson charge, especially at a federal level, can be overwhelming. You are likely thinking about your long-term future and what kind of punishments you may face. Get the best legal help you can by working with a Collin County, TX federal criminal defense attorney at The Crowder Law Firm, P.C.. We work hard to give every client the best odds of beating the charges or securing a smart plea deal. Call us at 214-544-0061 for a free consultation.