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Arson

Arson involves the act of maliciously, voluntarily, and willfully setting fire to the property of another, or burning your own property for an improper purpose, such as to make an insurance claim. In Minnesota, arson charges are prosecuted by degree according to the severity of the alleged offense in terms of dollar value or injury or death to the victim of the fire. Minnesota arson statutes contain six types of arson charges:

First Degree Arson

According to Minnesota law, whoever unlawfully, by means of fire or explosives, intentionally destroys or damages any building that is used as a dwelling at the time the act is committed, whether the inhabitant is present therein at the time of the act or not, or any building appurtenant to, or connected with, a dwelling whether the property of the actor or of another, commits arson in the first degree. Moreover, a person is guilty of first-degree arson in Minnesota if they unlawfully, by means of fire or explosives, intentionally destroy or damage any building not referenced above, if (a) another person who is not a participant in the crime is present in the building at the time and the defendant knows that; or (b) the circumstances are such as to render the presence of such a person therein a reasonable possibility. Finally, whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not referenced above, whether the property of the actor or another, commits arson in the first degree if a flammable material is used to start or accelerate the fire.

Second Degree Arson

A person is guilty of second-degree arson in Minnesota if they unlawfully, by means of fire or explosives, intentionally destroy or damage any building not covered above, no matter what its value, or any other real or personal property valued at more than $1,000, whether the property of the actor or another.

Third Degree Arson

A person is guilty of third-degree arson in Minnesota if they unlawfully, by means of fire or explosives, intentionally destroy or damage any real or personal property with a value of more than $300 but less than $1,000.

Fourth Degree Arson

A person is guilty of fourth-degree arson in Minnesota if they intentionally, by means of fire or explosives, set fire to, or burn, or cause to be burned any personal property in a multiple unit residential building or public building and arson in the first, second, or third degree was not committed.

Fifth Degree Arson

A person is guilty of fifth-degree arson in Minnesota if they intentionally, by means of fire or explosives, set fire to, or burn, or cause to be burned any real or personal property of value.

Wildfire Arson

A person is guilty of wildfire arson in Minnesota if they intentionally set a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material.

Negligent Fires

Whoever is grossly negligent in causing a fire to burn or get out of control thereby causing damage or injury to another, and as a result of this: (1) a human being is injured and great bodily harm is incurred; (2) a human being is injured and bodily harm is incurred; or (3) property of another is injured, thereby, is guilty of the crime of negligent fire.

It is important to act swiftly after you’ve been arrested or charged with arson. The earlier you involve an attorney, the sooner we will be able to gather evidence, interview essential witnesses and address other important elements of your case. Call our law firm now for a free consultation: (218) 736-5456.

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NEWS:

Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.

Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish.  He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area.  Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.  

Mr. Cichosz has become active in the community since moving to Fergus Falls.  He is a two-time past commander at VFW Post 612 in Fergus Falls.  He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls.  He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council.  For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.


Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.


J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition.  The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.


Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.

 
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