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Criminal Mischief, Arson in Texas: Things You Should Know


Bail for Arson in TexasCriminal Mischief, Arson Law in Texas

Fires unfortunately happen relatively frequently in the State of Texas and across the U.S. in general. Some weather conditions make fires inevitable, but every so often, fires are set intentionally and that is when arson charges are filed.

Arson charges in Texas are treated seriously, and the penalties for arson in Texas reflect that. The damage alone caused by arson is usually extensive, and that’s without considering the potential danger to human life. If it is determined during an investigation that a fire was started under suspicious circumstances, you better believe that the authorities will be looking to lay charges. In Texas, the punishment for criminal mischief depends on the severity of the crime. From first-degree arson to third-degree arson, punishment for criminal mischief is designed to be directly proportionate to the gravity of the crime

Types and Punishment for Criminal Mischief/Arson in Texas

The precise definition of arson according to Chapter 28 of the Texas Penal Code is “intentionally or recklessly starting a fire or explosion with intent to cause damage to property or with disregard for the safety of property or other people.” Offenders commit crimes of arson for many different reasons. Revenge, some kind of financial gain through insurance, or attempted murder are all possible motives for arson.

Different levels of arson also exist under the Texas Penal Code.

First-Degree Arson

First-degree arson is the most serious of any arson charge. There must be proof that the defendant purposely committed arson for these aggravated arson charges to be laid. What also differentiates first-degree, or aggravated, arson is the intent. If it’s theorized that the offender maliciously set the fire with the intent to harm or damage, then the first-degree charge is likely appropriate.

As you can imagine, the charges for first-degree arson are severe. It is considered just under murder as one of the most serious offenses. In Texas, a defendant can serve up to 99 years if convicted of the worst case of arson. The minimum sentence would be nine years.

Second-Degree Arson

When the damages aren’t as significant and the intent to harm not as purposeful, then a lesser charge of second-degree arson is laid. It’s important to note that intent is the determining factor here. If someone accidentally starts a fire, then they cannot be charged with second-degree arson. But if the intent was malicious, Texas law states that even if the property wasn’t damaged in the fire, the individual can still be charged with arson.

Second-degree arson is considered an act of violence in most states. That carries a sentence of anywhere from two to 35 years in prison. And because it is a violent crime, offenders must do more of their time before being eligible for parole.

Third-Degree Arson

When there is little or no intent and the damage is minimal, then third-degree arson is likely the appropriate charge. The difference here is that offenders are considered reckless rather than malicious and have displayed no intent to harm or destroy.

Penalties for third-degree arson are two to 15 years in prison. However, it is typically classified as a non-violent crime, which means that offenders are up for parole sooner than with first- or second-degree arson.

Bail for Arson in Texas

As with most other crimes, bail for arson in Texas is possible. If a judge grants a defendant bail, then consider immediately calling PCS Bail Bonds. We have over 25 years of experience dealing with Texas courts and can have your bail papers ready quickly.

If you or a loved one has been charged with arson, contact PCS Bail Bonds at (888) 335-1655.

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Paul Schuder

Paul Schuder is the owner of PCS Bail Bonds and Profession Court Services (PCS). He is a lifelong resident of the Dallas/Fort Worth area. Paul has over twenty years of courthouse experience, and has been in businesses involving the criminal justice system for his entire career. Paul has helped thousands of clients with their pursuit of justice and fair play. Mr. Schuder maintains high levels of respect with all the court house personnel, especially judges and attorneys. Using a close hands-on personal approach and a keen understanding of all cultures, helps people when they need it most. Add me to your G+

The content in our blog articles is for general information purposes only and should not be used in the place of legal advice. PCS Bail Bonds strives to provide content that is accurate and timely as of the date of writing; however, we assume no legal liability or responsibility for the accuracy, timeliness or usefulness of any information in the articles.

For legal advice, readers should contact a licensed attorney and consult the appropriate documentation for information on individual state laws.

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