What Are the Penalties for Arson in Texas?

Arson is a felony in Texas, with charges ranging from a state jail felony to a first-degree felony, carrying up to 99 years in prison. Where a charge falls depends on what was burned, whether anyone suffered an injury, and whether the fire was set intentionally or recklessly.

What Is Arson Under Texas Law?

Under Texas Penal Code Section 28.02, a person commits arson if they start a fire or cause an explosion with the intent to damage or destroy property, including buildings, vehicles, or vegetation. Texas law also covers fires started recklessly during the manufacture of a controlled substance. The state does not have to prove actual damage occurred. Showing intent to damage property is enough to support a charge even if the fire was quickly extinguished.

What Are the Prison and Jail Sentences for Arson in Texas?

The arson punishment and prison sentence for arson depend on the specifics of the allegations. Here is how charge levels break down under the Texas Penal Code:

• State jail felony: Recklessly causing a fire during drug manufacturing with only property damage. Jail time for arson at this level: 180 days to 2 years, plus up to $10,000 in fines.
• Third-degree felony: A reckless fire during drug manufacturing that causes bodily injury or death. Sentence: 2 to 10 years, plus up to $10,000 in fines.
• Second-degree felony: The most common arson charge. Intentionally starting a fire or explosion that damages property. Sentence: 2 to 20 years, plus up to $10,000 in fines.
• First-degree felony: An intentional fire where bodily injury or death occurred, or where the property targeted was a habitation, place of assembly, or worship. Sentence: 5 to 99 years or life in prison, plus up to $10,000 in fines.

Convictions can also bring restitution orders and lasting consequences for employment and housing.

What Factors Affect an Arson Charge in Texas?

Several factors affect how an arson charge is classified. The most significant is whether anyone suffered an injury or was killed. The type of property matters, as does whether the fire was intentional or reckless.

A 2024 enhancement under Texas Penal Code Section 28.10 allows state jail felony charges to be elevated to a third-degree felony if the offense was committed during a smuggling of persons offense.

Facing An Arson Charge In Texas? Call Our Criminal Defense Lawyer Today

An arson charge in Texas carries consequences that can follow you for life. At Marc Chavez Law Firm, our criminal defense attorney spent 12 years as an Assistant District Attorney, which means he knows how prosecutors build these cases and where they have weaknesses. We are ready to help.

Marc Chavez Law Firm is ready to help. We serve clients throughout Texas, so if you are facing an arson charge, call (512) 337-9774 or contact us online for a free consultation.