A Minnesota Criminal Defense Lawyer Explains What a Misdemeanor Arson Charge Means for You
That feeling of dread when you’re facing a criminal charge is overwhelming. One moment, a situation seemed minor, and the next, you’re caught in the legal system, staring at a criminal complaint for Fifth-Degree Arson. You likely never intended for things to go this far. Now, your head is spinning with questions and worries about what comes next. What does a misdemeanor arson charge even mean? Will this impact your job? Could you actually go to jail? The uncertainty is frightening, and it’s easy to feel like you’re being railroaded into a conviction.
You might believe the charge is a complete misunderstanding. Perhaps you were just burning some old papers in your backyard in a suburb like Eagan or Plymouth, and a neighbor overreacted. Maybe it was an object with little to no real value, and now you’re being treated like a serious criminal. The prosecution will try to make it sound simple, but I know there are always two sides to every story, and yours needs to be told clearly and forcefully. You are presumed innocent, and you have the right to a powerful defense.
You don’t have to go through this alone. As a Minnesota criminal defense attorney, I’ve stood beside people from all walks of life in courtrooms across this state, from the bustling halls of justice in Minneapolis and St. Paul to the community-focused courts in Rochester, Duluth, and St. Cloud. I understand how prosecutors in Minnesota approach these cases and, more importantly, I understand the stress and anxiety you are experiencing. My commitment is to you—to protect your rights, challenge the state’s case at every turn, and work tirelessly to secure the best possible resolution for you. This is a fight for your record and your future, and our work begins now.
What Fifth-Degree Arson Actually Means in Minnesota
When you hear the word “arson,” you might picture a building engulfed in flames, but Fifth-Degree Arson in Minnesota is a much broader, less severe offense, though still a serious criminal charge. It’s a misdemeanor, which means it’s the lowest level of arson, but a conviction can still have a significant impact on your life. Put simply, you can be charged with Fifth-Degree Arson if you are accused of intentionally setting fire to or burning any real or personal property that has some value. Unlike other degrees of arson, there is no minimum dollar amount required; the property simply needs to have any value.
This charge often covers situations that might seem minor at first glance. For example, if you burn a letter in a fit of anger, set fire to a small item in a public park, or even burn your own property under circumstances that the state deems unlawful, you could be facing a Minnesota Fifth-Degree Arson charge. The key elements a prosecutor must prove are your intent and the act of setting a fire that damages property of value. If you’re facing a Fifth-Degree Arson accusation anywhere from Bloomington to Brooklyn Park, it means the state believes it can prove you deliberately and unlawfully used fire to damage or destroy something.
Minnesota Law on Fifth-Degree Arson — Straight from the Statute
The legal basis for the charge against you is found in the Minnesota Statutes. To build an effective defense, we must first understand the precise language the prosecutor will use to try and convict you. Every word in the statute matters, from “intentionally” to “property of value.”
The controlling law is Minnesota Statute § 609.5632, ARSON IN THE FIFTH DEGREE. Here is the exact language:
609.5632 ARSON IN THE FIFTH DEGREE.
Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any real or personal property of value is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Breaking Down the Legal Elements of Fifth-Degree Arson in Minnesota
To secure a conviction for Fifth-Degree Arson, the prosecutor must prove every single element of the crime beyond a reasonable doubt. If we can show that they have failed to prove even one of these components, their case against you cannot succeed. Our defense will focus on dissecting the state’s evidence for each of these crucial points.
- IntentionallyThis is the critical “state of mind” element. The prosecution must prove that you acted with specific intent—that it was your conscious goal to set fire to the property. An accidental fire does not qualify. For example, if you carelessly flick a cigarette and it starts a small fire, that is negligence, not intentional arson. The state will try to use your statements, the circumstances of the fire, or witness testimony to argue you acted deliberately. We will challenge this by presenting evidence that the fire was accidental, unintentional, or the result of a misunderstanding.
- By Means of Fire or ExplosivesThis element requires the state to show that you used fire or an explosive device as the tool to cause the burning. This could be anything from a match or a lighter to a more complex incendiary device. The evidence for this is often circumstantial, relying on what investigators found at the scene. We will scrutinize the fire marshal’s report and any forensic evidence to question the alleged cause of the fire and to challenge the link between you and the fire’s origin.
- Sets Fire to or Burns or Causes to be BurnedThe prosecution must demonstrate that your intentional act was the direct cause of the fire that resulted in damage. This means they have to connect your actions to the property being burned. If there are other plausible causes for the fire, or if the chain of causation is weak, we can create significant doubt. For instance, if other people were present or if there were other potential ignition sources, we can argue that you were not the one who caused the property to burn.
- Any Real or Personal PropertyThis is a very broad element. “Real property” refers to land and structures like sheds or fences, while “personal property” includes nearly everything else you can own, such as clothing, a book, a sign, or a piece of furniture. The prosecution must prove that the item burned was, in fact, property. While usually straightforward, we can sometimes raise issues of ownership or whether the item was abandoned and therefore no longer considered property of value.
- Of ValueUnlike higher degrees of arson, Fifth-Degree Arson does not require a specific monetary threshold. The property simply needs to have some value, however small. This could be the value of the materials themselves or its value to the owner. However, this element is not meaningless. We can argue that the item burned was worthless trash or had no objective value, thereby failing to meet this essential element of the crime.
Penalties for a Fifth-Degree Arson Conviction in Minnesota Can Be Severe
Even though Fifth-Degree Arson is a misdemeanor, a conviction is not a slap on the wrist. It creates a permanent criminal record that can follow you for the rest of your life, impacting your employment, housing, and reputation. The state of Minnesota gives judges the authority to impose significant penalties even for this lowest level of arson. Understanding the potential consequences is the first step in recognizing why you must fight this charge.
Misdemeanor Sentencing for Fifth-Degree Arson
A conviction for Fifth-Degree Arson under Minnesota Statute § 609.5632 is a misdemeanor. The maximum penalties a judge can impose are:
- Up to 90 days in jail
- A fine of up to $1,000
- Or both jail time and a fine
In addition to these direct penalties, a judge can place you on probation for up to one year. While on probation, you would have to follow a strict set of rules, which could include paying restitution to the property owner, attending counseling or classes, completing community service, and having no same or similar offenses. Any violation of these terms could result in you being sent to jail to serve your sentence.
What Fifth-Degree Arson Looks Like in Real Life — Common Scenarios in Minnesota
Misdemeanor arson charges often arise from situations that are not as malicious as the name of the crime suggests. They can stem from moments of poor judgment, emotional distress, or simple acts that were never intended to cause harm. Here are some common scenarios that could lead to a Fifth-Degree Arson charge in Minnesota.
Burning Mementos After a Breakup in Rochester
Imagine you’ve just gone through a painful breakup. In an effort to get closure, you decide to burn a small box of old love letters and photos from your ex. You do this in a metal bin in your Rochester backyard. A neighbor sees the smoke, misunderstands the situation, and calls the police. Even though you were burning your own property, and the items have little monetary worth, the police could charge you with Fifth-Degree Arson if they believe the act was reckless or violated a local ordinance, arguing the letters had sentimental “value.”
A Prank Gone Wrong on a Maple Grove Street
You and your friends are hanging out late one night in a Maple Grove neighborhood. As a prank, you decide to light a small, decorative plastic flamingo on someone’s lawn on fire. You think it’s harmless, but a passerby sees you and reports it. The plastic flamingo has a value of only a few dollars, but because you intentionally set fire to someone else’s personal property of value, you can be arrested and face a Fifth-Degree Arson charge.
A Small Fire in a Duluth Park
On a chilly evening in a park overlooking Lake Superior in Duluth, you and a friend build a small, unauthorized fire on the ground to stay warm. You only burn a few twigs and an old newspaper you had with you. A park patrol officer discovers the scorched patch of grass and finds you nearby. Because you intentionally burned property (the grass) that belongs to the city and has value, you could be cited for Fifth-or-Degree Arson.
Disposing of a Damaged Item in a St. Cloud Alley
Suppose your small business in St. Cloud has a wooden pallet that is broken and no longer useful. Instead of taking it to a disposal site, you decide to break it up and burn it in a dumpster behind your building to get rid of it. Even if you believe the pallet is worthless trash, the prosecution can argue it still had some value as wood. Because you intentionally set a fire, you could find yourself charged with misdemeanor arson for what you considered simple disposal.
Legal Defenses That Might Work Against Your Arson Charge
When you are charged with a crime like Fifth-Degree Arson, it’s easy to feel powerless. However, you have rights, and the prosecution has a high bar to meet. They must prove every element of their case beyond a reasonable doubt, and an experienced defense attorney knows how to find the weaknesses in their argument. My first step is always to conduct a thorough, independent investigation. I will scrutinize the police report, analyze the evidence, question the witnesses, and identify every legal and factual issue that can be used in your defense.
A strong defense is proactive, not reactive. It involves challenging the state’s narrative from the very beginning. Whether it’s filing a motion to dismiss the charges, arguing that your actions did not meet the legal definition of arson, or showing that the police violated your rights, we will go on the offensive. A misdemeanor charge does not mean you should just accept the consequences. A conviction can still be incredibly damaging, and we will explore every available strategy to prevent that from happening. Below are some of the defenses that could be successful in your Minnesota Fifth-Degree Arson case.
Lack of Intent
The entire case for Fifth-Degree Arson hinges on the prosecutor proving you acted intentionally. This is often their most difficult task, as they have to prove what was in your mind at the time.
- Accidental Fire: We can argue that the fire was a complete accident and not the result of a deliberate criminal act. For example, perhaps you were smoking and unknowingly dropped a still-lit cigarette, or a spark from a legal fire pit was carried by the wind. A fire caused by carelessness or negligence is not intentional arson under Minnesota law.
- No Intent to Burn Property: You may have intentionally lit a fire, but had no intention of burning or damaging property of value. For instance, you may have been trying to light a candle or a camp stove when something nearby accidentally caught fire. We would work to show that the resulting damage was an unintended and unforeseen consequence of a non-criminal act.
The Property Had No Value
The statute explicitly requires that the burned item be “property of value.” While this is a low bar, it is not meaningless. The prosecution must prove this element just like any other.
- Worthless Item: We can present evidence that the item you are accused of burning was, in fact, worthless. For example, if you burned a pile of trash that was already set out for disposal or a piece of wood that was rotten and had no use, we can argue that it had no value. If the property had no value, no crime was committed under this statute.
- Abandoned Property: If the property had been discarded or abandoned by its owner, it may no longer legally have a “value” that can be criminally damaged. We would investigate the circumstances to determine if the owner had relinquished their rights to the property, making it impossible for you to be guilty of burning property “of value.”
Mistaken Identity or False Accusation
In the confusion of an incident involving fire, even a small one, witnesses can make mistakes. It is also possible for someone to falsely accuse you out of anger or for personal reasons.
- Unreliable Witness: If the state’s case is built on a single eyewitness, we will rigorously challenge their credibility. Was it dark? Was their view obstructed? Were they biased against you? By creating doubt about the witness’s testimony, we can weaken the prosecution’s entire case.
- Motive to Lie: In cases stemming from neighborhood disputes, relationship issues, or other conflicts, the accuser may have a clear motive to lie. We will investigate the relationship between you and your accuser to expose any potential bias or reason for them to make a false report to the police.
Violation of Your Constitutional Rights
Police must follow the law when they investigate a crime and interact with you. If they failed to do so, any evidence they gathered as a result may be thrown out of court.
- Illegal Search: If the police searched you, your car, or your home without a valid warrant or the legal justification known as probable cause, any evidence they found—such as a lighter or the item that was burned—could be suppressed. Without that key evidence, the prosecutor may be forced to dismiss the case.
- Failure to Read Miranda Rights: If you were in police custody and they questioned you without first informing you of your right to remain silent and your right to an attorney, any statements you made can be ruled inadmissible. This includes any admission or confession, which can be a critical blow to the state’s case.
Minnesota Fifth-Degree Arson FAQs — What You Need to Know Now
Will I go to jail for Fifth-Degree Arson in Minnesota?
While the maximum penalty includes up to 90 days in jail, it is not a mandatory sentence. For a first-time offense, a skilled attorney can often negotiate an outcome that avoids jail time entirely, such as probation, a fine, or a continuance for dismissal.
Can a Fifth-Degree Arson charge be dismissed?
Yes, dismissal is often a realistic goal. A case can be dismissed if there is not enough evidence, if your constitutional rights were violated, or through negotiations with the prosecutor for a resolution like a continuance for dismissal, where the charge is dropped after a period of good behavior.
Do I really need a lawyer for a misdemeanor charge in a city like Minneapolis?
Yes. Even a misdemeanor can have lasting consequences. An attorney can protect you from an overzealous prosecutor, identify defenses you may not be aware of, and navigate the complex court systems in places like Hennepin or Ramsey County to achieve a much better result than you could on your own.
How much does a lawyer cost for a misdemeanor arson case?
The cost will vary, but it is an investment in protecting your record and future. A conviction can lead to far greater costs down the road in terms of lost job opportunities and other consequences. Many defense attorneys offer free initial consultations to discuss your case and the associated fees.
What is the difference between Fifth-Degree Arson and a negligent fire?
Fifth-Degree Arson requires intent—you must have meant to set the fire. A negligent fire charge, under a different statute, applies when you are grossly negligent (meaning you took a huge and unjustifiable risk) and a fire gets out of control and causes damage. The key difference is your state of mind.
What if I was just burning trash?
Burning trash can still lead to an arson charge if it violates local ordinances or is done in a reckless manner. The prosecution could argue the trash had some residual value or that the act of burning itself was unlawful. It is not an automatic defense.
How long will a misdemeanor arson charge stay on my record in Minnesota?
A conviction for misdemeanor arson will stay on your public criminal record forever unless you are able to get it expunged. The expungement process is a separate legal action that takes time and is not guaranteed. Avoiding the conviction in the first place is the best strategy.
What if I was drunk when it happened?
Being drunk is generally not a legal excuse for committing a crime. However, in some limited circumstances, we could argue that you were so intoxicated that you could not have formed the specific “intent” to burn property, which is a required element of the crime.
Can I be charged for burning my own property?
Yes. The statute applies to “any real or personal property of value.” While it is more common when someone else’s property is burned, you can be charged for burning your own property, especially if it creates a risk to others or is done for an unlawful purpose.
What should I do if the police want to talk to me?
You should politely decline to answer any questions and immediately state that you want to speak with a lawyer. Do not try to explain your side of the story to them. Anything you say can be twisted and used against you. It is your constitutional right to remain silent.
What is a “continuance for dismissal?”
This is a very favorable outcome where you agree to certain conditions (like staying law-abiding) for a set period. If you successfully complete the period, the charge against you is completely dismissed and does not result in a conviction.
Will this show up on a background check?
Yes. An arrest, a charge, and a conviction for misdemeanor arson can all appear on a background check. This can create problems for you when applying for jobs, housing, or professional licenses.
What if the property owner doesn’t want to press charges?
While the property owner’s wishes are a factor, the decision to prosecute is ultimately up to the state prosecutor. Even if the victim is uncooperative, the state can decide to move forward with the case against you.
Can this affect my immigration status?
Yes. While a single misdemeanor may not automatically lead to deportation, any crime involving property damage can be viewed negatively by immigration authorities. It is crucial to consult with both a criminal defense and an immigration attorney if you are not a U.S. citizen.
Is it worth fighting a misdemeanor?
Absolutely. A criminal record, even for a misdemeanor, can close doors for you in the future. Fighting the charge gives you the chance to avoid that record, protect your reputation, and move on with your life without this holding you back.
What a Fifth-Degree Arson Conviction Could Mean for the Rest of Your Life
It is a common mistake to underestimate the impact of a misdemeanor conviction. While it may not carry the same weight as a felony, a Fifth-Degree Arson conviction creates a permanent public record that can cast a long shadow over your life, creating unexpected barriers for years to come.
Your Criminal Record and Job Applications
In today’s digital world, nearly every employer conducts background checks. When a potential employer sees an arson conviction, even a misdemeanor, it raises immediate red flags about your judgment and reliability. It forces you into the uncomfortable position of having to explain a past mistake in a job interview, often leading to you being passed over for another candidate with a clean record. This can be a major roadblock to advancing your career or even finding entry-level work.
Difficulty Securing Housing
Landlords and property management companies also rely heavily on background checks to screen potential tenants. A criminal conviction, particularly for a crime involving property damage like arson, can lead to an automatic denial of your rental application. This can make it incredibly difficult to find safe, affordable housing for you and your family, limiting your options and adding a significant amount of stress to your life.
Impact on Professional Licenses and Education
If you work in a field that requires a professional license, such as nursing, teaching, or cosmetology, a misdemeanor conviction could put that license in jeopardy. Licensing boards have character and fitness requirements, and a criminal record can trigger a review or prevent you from obtaining a license in the first place. Similarly, some college and university applications ask about criminal history, and a conviction could negatively impact your chances of admission or eligibility for scholarships.
Lingering Social Stigma
Beyond the official, documented consequences, there is a social stigma that comes with having a criminal record. It can strain relationships with family and friends and damage your reputation in your community. The label of having been convicted of a crime, especially one with a name like “arson,” can be difficult to shake, affecting how people see you long after you have paid your fine or completed your probation.
Why You Need a Tough, Experienced Minnesota Arson Attorney
When you are facing the Minnesota criminal justice system, even for a misdemeanor, you need a strong and knowledgeable advocate in your corner. The prosecutor has the resources of the state behind them; you need a dedicated attorney who will fight just as hard for you.
The Advantage of a Determined Private Lawyer
Unlike a public defender who may be handling an overwhelming number of cases, my focus is solely on achieving the best possible result for my clients. When you hire me, you are not just another file on a desk. You get my personal attention and commitment. I will be the one answering your questions, returning your calls, and standing beside you in court. This allows me to dedicate the time and resources necessary to fully investigate your case, understand your story, and build a defense strategy tailored specifically to you and your goals.
How Fast Action Can Change the Outcome
The time immediately following an arrest or citation is the most critical period in a criminal case. By hiring an attorney right away, you give us the best chance to get out in front of the situation. I can contact the prosecutor early, sometimes even before formal charges are filed, to present your side of the story and point out weaknesses in their case. We can preserve important evidence, track down witnesses, and begin building leverage for a favorable negotiation. The sooner I get involved, the more options we have to control the narrative and fight for a dismissal.
Deep Knowledge of Local Courts Across Minnesota
The way a case is handled can vary significantly from one courthouse to another. I have represented clients in courtrooms all across Minnesota, from the Twin Cities metro of Minneapolis and St. Paul to Rochester, Duluth, and beyond. I know the local court rules, and more importantly, I know the people—the prosecutors and the judges. This local knowledge allows me to anticipate how they will handle your case and to tailor our strategy for the specific venue. This inside perspective is a powerful tool in securing a positive outcome.
A Track Record of Building Cases That Get Results
My objective in every case is simple: to achieve the best possible result for my client. Whether that means getting the case dismissed outright, winning a not-guilty verdict at trial, or negotiating a plea that keeps the conviction off your record, I am always fighting for your future. I prepare every case with the thoroughness and intensity required to win in court. This level of preparation often convinces prosecutors to offer much better resolutions because they know they are facing a serious fight. You deserve a defender who is as invested in your future as you are, and that is the commitment I make to every client.