Were you charged with arson in McKinney, Texas? Contact Chiles McGuire Criminal Law to schedule an initial consultation at (214) 432-6540. Our McKinney arson defense lawyers are here to fight for your rights and ensure you aren’t taken advantage of by the prosecution.
Our trusted criminal defense law firm was built for high-stakes cases like these. With over a decade of experience helping clients successfully respond to serious charges, we’re confident we can help you throughout every stage of the legal process.
Why Hire Chiles McGuire Criminal Law if You’re Facing Arson Charges in McKinney, TX
Arson cases often depend on complex technical evidence that can be difficult to challenge without the right experience. You need a McKinney criminal defense lawyer who understands how these cases are built. Chiles McGuire Criminal Law is not a volume practice and will make your case our priority from the start.
Some of the reasons clients choose our McKinney, TX, legal team include:
- Patrick McGuire received specialized arson investigation training from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- More than 11 years of experience defending clients against serious felony charges.
- Recognition as one of The National Trial Lawyers Top 40 Under 40.
- Membership in respected organizations, including the National Association of Criminal Defense Lawyers (NACDL) and the Texas Criminal Defense Lawyers Association (TCDLA).
- A deliberately limited caseload so every client receives personalized attention.
- Representation at every stage of your case, from investigation through trial, when necessary.
Contact our McKinney arson defense attorneys today to set up a consultation. We can answer all your questions when we meet to discuss your case.
Arson Law in Texas
Texas Penal Code § 28.02 defines the crime of arson. The statute is broader than many people expect, covering not just intentionally setting fire to someone else’s property but also a range of reckless conduct that results in property damage, bodily harm, or death.
Intentional Arson
Under subsection (a), a person commits arson by intentionally starting a fire or causing an explosion with the intent to damage or destroy property. The law applies when the property in question falls within the limits of an incorporated city, is covered by an insurance policy, is subject to a mortgage or other security interest, or belongs to someone else.
You can also be charged with arson for setting fire to your own property if another person holds a legal interest in it. For example, if your home is insured or has an outstanding mortgage, intentionally burning it is still a criminal offense under Texas law.
Reckless Conduct
The statute also covers situations in which a fire or explosion endangers life or the safety of another person’s property, even if the defendant did not intend to cause damage. Under subsection (a-2), a person who recklessly starts a fire and causes bodily injury or death to another person can face arson charges. Separate provisions address fires that occur during the manufacturing of illegal drugs.
What Are the Potential Penalties for Arson in McKinney, TX?
The penalties for arson in Texas vary depending on how the offense is charged and what the fire ultimately caused:
- Second-degree felony: 2 to 20 years in prison, and a fine up to $10,000. This is the standard classification for intentional arson under subsection (a).
- First-degree felony: 5 to 99 years or life in prison, and a fine of up to $10,000. This applies when someone suffered bodily injury or death as a result of the fire, or when the property targeted was a home or place of worship.
- State jail felony: 180 days to 2 years in a state jail facility, and a fine up to $10,000. This classification covers reckless arson under subsection (a-2) and drug-related arson under subsection (a-1).
Prosecutors may also file additional charges alongside arson. Insurance fraud under Penal Code § 35.02 is commonly stacked when the government believes a fire was set to collect on a policy. Criminal mischief charges under § 28.03 may also come into play depending on the facts. Each additional charge carries its own penalty range and increases your overall exposure.
What Are the Collateral Consequences of an Arson Conviction?
The impact of an arson conviction extends well beyond what a judge imposes at sentencing. A felony conviction of this nature can follow you for the rest of your life.
Some of the collateral consequences you could face include:
- Difficulty finding employment and housing
- Loss of the right to possess a firearm under both Texas and federal law
- Damage to your personal and professional reputation in the community
- Immigration consequences for non-citizens, as arson may be classified as a crime involving moral turpitude or an aggravated felony
- Loss of professional or occupational licenses
These consequences make it all the more important to fight your charges with a criminal defense lawyer who takes the time to prepare your case at the level it deserves. That’s exactly the kind of legal service Chiles McGuire Criminal Law can provide you with throughout the life of your case.
How Arson Cases Are Investigated in Texas
Arson investigations often begin after firefighters have extinguished the blaze. Because fires can destroy or alter important evidence, investigators must carefully reconstruct what happened to determine where the fire started and whether it was intentionally set.
In Texas, arson investigations may involve local fire departments, the State Fire Marshal’s Office, and, in some cases, federal agencies such as the ATF. Insurance companies may also conduct independent investigations that later become part of a criminal case.
Investigators commonly rely on evidence such as:
- Burn pattern analysis
- Chemical testing for possible accelerants
- Examination of electrical systems and appliances
- Witness interviews
- Surveillance footage
- Insurance and financial records
The conclusions reached during these investigations often play a major role in whether criminal charges are filed.
Why Is Fire Investigation Evidence Sometimes Challenged?
Fire investigation is a specialized field, and the methods used to determine a fire’s cause have changed significantly over time. Research has shown that some burn patterns once believed to indicate arson can also occur in accidental fires.
Because of this, investigators and expert witnesses may disagree about how a fire started. An experienced criminal defense attorney can examine the evidence, question the investigation’s methods, and determine whether the prosecution’s conclusions are supported by reliable science.
Carefully reviewing fire investigation evidence can be an important part of building a strong defense against arson charges.
What Defenses Can Be Raised Against Arson Charges in Texas?
Arson cases often hinge on forensic evidence and expert opinions, both of which can be challenged by a qualified defense attorney. Our law firm will review the full record to identify the most effective strategy for your specific case.
Possible defenses to arson charges in McKinney include:
- The fire was accidental: Not every fire results from criminal conduct. Electrical malfunctions and other non-criminal causes are responsible for a significant number of fires each year. If the state can’t prove intent or recklessness, the charge should not stand.
- The fire investigation was flawed: Things like outdated methods and errors in accelerant testing can undermine the prosecution’s conclusions about how a fire started. Our defense attorneys can retain independent fire experts to potentially challenge the state’s findings.
- You had valid authorization: Texas law provides a specific defense to certain arson charges if the defendant obtained a permit or written authorization in accordance with a local ordinance regulating fires and explosions before the fire was started.
- Your constitutional rights were violated: This may apply if your rights were violated by an illegal search and seizure.
- The evidence against you is insufficient: The prosecution may lack the evidence needed to meet their burden of proof, which is the highest in the legal system.
Whenever possible, we will work to have your charges reduced or dismissed. However, no outcome can be guaranteed in a criminal case.
Schedule a Free Consultation With Our McKinney Arson Defense Attorneys
Arson charges in McKinney, TX, are serious felony offenses that carry substantial prison time and lasting consequences. However, an accusation is not a conviction, so it’s important not to lose hope until you’ve sat down with Chiles McGuire Criminal Law to learn about the steps you can take going forward to protect your rights.
Our McKinney arson defense lawyers have 11 years of experience and know what it takes to appropriately challenge the state’s case. Contact us today to schedule an initial consultation.
