March 13, 2025 | Criminal Defense
Wildfires destroy forests, threaten wildlife, and endanger entire communities. When investigators believe a wildfire started deliberately, the consequences can be serious for anyone accused. Allegations of arson carry steep penalties, including possible prison sentences, fines, and the long-term label of being a felon.
For those facing these charges, understanding the legal system and what to expect is crucial. A criminal defense lawyer can help defendants navigate the process and help them protect their freedom.
What is Arson?
Under South Carolina law, arson involves the willful and malicious act of setting fire to or helping ignite fires that damage or destroy property. There are several different degrees of arson under the law.
First-Degree Arson
This type of arson:
- Requires intentional and malicious conduct
- Involves setting fire to or causing an explosion that damages any building, structure, or other property
- Starts a fire or explosion that leads to death or serious bodily injury
A conviction can result in a mandatory minimum sentence of 30 years, with the possibility of life in prison.
Second-Degree Arson
This type of arson:
- Requires willful and malicious intent
- Involves setting fire to or causing an explosion that damages certain structures, such as homes, schools, or factories
This carries a prison term ranging from a mandatory minimum of 3 years up to a maximum of 25 years.
Third-Degree Arson
This type of arson:
- Requires willful and malicious intent
- Involves property not covered under the first two categories, such as buildings, vehicles, or boats
This degree of arson can lead to up to 15 years in prison.
As you can see, if a wildfire causes damage to buildings or homes and results in serious injury or death, it may lead to a first-degree arson charge in South Carolina, meaning you face serious prison time. If you find yourself facing these accusations, it’s important to understand your options and speak with an experienced defense lawyer as soon as possible.
What to Do When Facing Accusations of Starting a Wildfire
Facing allegations of starting a wildfire can be overwhelming. You may be worried about prison time, fines, and the impact on your reputation. Below are some steps you can take to protect your rights.
Contact an Experienced Attorney
Consulting a lawyer who understands fire-related cases is the first step you should take. They can review the evidence against you and advise you on realistic outcomes and possible defense strategies.
Avoid Talking to Law Enforcement Without Representation
Police or investigators may want to question you, but it’s critical to hold off until your lawyer is present. Giving incorrect or incomplete answers can make the situation worse, as anything you say can be used against you.
Document Everything
Collect information about where you were, what you were doing, and who you were with at the time of the fire. If you have phone records, photos, or witnesses who can support your account, be sure to preserve those details.
Follow Court Orders and Deadlines
If you are charged, there may be court dates, bail conditions, or other requirements. Missing these can lead to added penalties and weaken your defense. Make a note of these requirements and work with your lawyer to ensure you meet your obligations.
Be Mindful of Social Media
It can be tempting to defend yourself publicly, but posting about your case or related events can harm your defense. Investigators often review social media for evidence, and even innocent remarks may be used against you. Consider adjusting your privacy settings, but most importantly, do not make any posts about the situation.The best thing you can do if you’re facing charges of arson related to a wildfire is to consult with a lawyer. Contact us today to schedule a free consultation with a criminal defense attorney.
Contact the Columbia Criminal Defense Attorneys at Jeffcoat Criminal Defense Lawyers Today For Help
For more information, please contact the Columbia criminal defense attorneys at Jeffcoat Criminal Defense Lawyers, for a consultation. We serve all areas in Columbia, Dentsville, Blythewood, Irmo, Cayce, Oak Grove, Lexington, Red Bank, Camden, Lugoff, and throughout South Carolina.
Visit our convenient location:
Jeffcoat Criminal Defense Lawyers – Columbia Office
1333 Main St Suite 512, Columbia, SC 29201
(803) 200-2000