Tennessee Arson Defense Lawyers
Arson/Aggravated Arson Defense in Knoxville and Sevierville Area
Arson and aggravated arson are major crimes with serious consequences. Both arson and aggravated arson are felonies punishable by lengthy prison time and severe penalties.
Arson in Tennessee: Setting Fire to Buildings or Structures
Section 39-14-301 of Tennessee Code Annotated states that "arson" has occurred when a person commits an offense who knowingly damages any structure by means of a fire or explosion:
- Without the consent of all persons who have possessory, proprietary or security interest therein, or
- With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
Arson is a Class C felony under Tennessee law, punishable by a term of imprisonment of three to 15 years and a fine not exceeding $10,000.
Arson in Tennessee: Setting Fire to a Church or a Place of Worship
If the accused is charged with knowingly setting fire to a place of worship, he or she is facing stiffer penalties. A Class B felony is punishable by a term of imprisonment of 8 to thirty years and no more than a $25,000 fine.
To be classified as a “place of worship”, the structure must be approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to T.C.A. section 67-5-212 and must be utilized on a regular basis by a religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship.
Arson in Tennessee: Setting Fire to Personal Property or Real Estate
A lesser offense is arson of personal property, land, or other property that is not a building or structure. If charged, you are facing a Class E felony, consisting of a prison term between one and six years and/or a $3,000 fine.
Reckless Burning in Tennessee
Reckless burning under Tennessee Code Annotated section 39-14-304 is classified as a Class A misdemeanor. This offense carries less than a year in prison and/or a $2,500 fine.
A person commits reckless burning in Tennessee who does any of the following acts:
- Recklessly starts a fire on the land, building, structure or personal property of another;
- Starts a fire on his or her own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or
- Knowingly starts an open air or unconfined fire in violation of a burning ban issued by the Commissioner of Agriculture.
Aggravated Arson in Tennessee
A more serious charge of arson occurs under circumstances where someone is present in the building or structure, or when someone gets hurt. Under Tennessee Code Annotated section 39-14-302, a person has committed "aggravated arson" when:
- One or more persons are present therein, or if
- Any person including firefighters and/or law enforcement officials suffers serious bodily injury as a result of the fire or explosion.
Aggravated arson is a Class A felony under Tennessee law, punishable by 15 to 60 years of imprisonment and a fine of up to $50,000.
Defending Your Rights
Arson crimes are usually vigorously prosecuted, especially if they involve great bodily injury or death. Arson cases are also complex because, in addition to the prosecuting attorney, insurance companies and investigators are frequently involved. If you have been charged with arson, aggravated arson or reckless burning in Tennessee, it is very important that you retain the services of an experienced criminal defense attorney as soon as possible so that you have a legal investigative team working to protect your interests by gathering facts and evidence that will turn the case to your advantage.
If you have been accused of arson or aggravated arson, please call Baker Associates as soon as possible so that our legal team can get to work to provide you with a solid defense. Call our East Tennessee criminal defense lawyers today for a free consultation.
Complete the form below if you have been charged with arson. A Sevierville aggravated arson attorney at our office near Knoxville and Pigeon Forge will contact you soon.
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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001
Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888
