Fires and Felonies: How Arson Is Prosecuted in Maryland

 Posted on June 27, 2025 in Criminal Defense

It is being reported that an apparent neighborhood dispute led to a man breaking into an Anne Arundel County detective’s house and setting it on fire in April. The man is now charged with arson, malicious burning, home invasion, and destruction of property.  The man accused of arson had previously attempted to sue the homeowner for defamation, but the lawsuit was dismissed.

The two men had a history of conflict in the neighborhood. Arson is one of the most serious property crimes in Maryland, often prosecuted as a felony, with long prison sentences. Arson in the state is divided into degrees based on the type of property damaged, the intent, and whether lives were endangered.

If you are facing arson charges, it is crucial that you have an experienced Harford County, MD, criminal defense lawyer. Having an attorney who will create a comprehensive defense on your behalf and who fully understands the immediate and long-term consequences of a felony conviction is essential.  

What is Arson in Maryland, and What Are the Penalties?

Arson in the first degree occurs when a person willfully and maliciously sets fire to or burns an occupied dwelling or structure. Arson in the first degree is a felony offense, carrying a potential prison sentence of up to 30 years and fines not exceeding $50,000.

Arson in the second degree occurs when a person willfully and maliciously sets fire to an unoccupied structure that belongs to another person. A conviction for arson in the second degree is a felony that can result in a prison sentence of up to 20 years and a fine of not more than $30,000. Owning the property that is burned is not a defense to arson in the first or second degree.

Malicious burning of personal property in the first degree is a felony offense involving property damage of $1,000 or more. This offense has a potential prison sentence of up to five years.  Malicious burning of personal property in the second degree is a misdemeanor offense involving property damage of less than $1,000. The penalty for this offense is up to 18 months in prison.

What Are the Most Common Motives Behind Arson?

Although motive alone is not sufficient to classify a fire as arson, some of the most common motives for arson include:

• Personal profit
• Insurance fraud
• Revenge
• Domestic disputes
• Concealment of another crime
• Vandalism
• Social protest

What Are the Most Common Defenses to Arson?

While the specific defense against arson charges will depend on the facts and circumstances surrounding the fire and the arrest, some of the more common defenses include:

• There was no intent to start a fire.
• The fire was accidental.
• There is insufficient evidence to support arson charges.
• The defendant has a solid alibi to establish his or her innocence.
• There was an illegal search and seizure.
• The defendant’s constitutional rights were violated.

Challenging expert testimony and fire reports are crucial when defending a person accused of arson. The penalties for arson are extremely harsh, and plea deals or a dismissal based on lack of evidence could also be part of the defense.

Contact a Northern Baltimore County, MD Arson Attorney

If you are facing arson charges, skilled legal representation is extremely important. When you have a highly skilled Harford County, MD arson lawyer from Baltimore Legal Services, you will receive an aggressive defense to your charges.  Do not gamble with your future.

Our attorneys are available 24/7 and have assisted over 10,000 clients with their criminal defense needs. Additionally, we offer a custom flat fee. To schedule your free consultation, call 858-523-8423.