A Minnesota Arson Defense Attorney Explains Statute § 609.562 and Your Options
The phone call, the knock on the door, the flashing lights in your rearview mirror—it all feels like a blur. You never imagined you would be in this position, reading a page like this. But here you are, facing a felony charge for Second-Degree Arson in Minnesota. Your mind is racing with questions. What does this charge mean? What could happen to you? Your reputation, your freedom, and your future are all on the line. The weight of the accusation is crushing, and the path forward seems dark and uncertain.
You might be here because of a simple, tragic accident—a fire that got out of control. Maybe you’re the victim of a misunderstanding or a false accusation from someone with a grudge. Perhaps you were simply in the wrong place at the wrong time. Whatever the circumstances, you are now caught in the crosshairs of the Minnesota criminal justice system, a system that can be unforgiving and relentless. The prosecution is already building its case against you, armed with investigators and endless resources. They will try to paint you as a dangerous criminal, regardless of the truth.
But you do not have to face this fight alone. You have the right to a powerful defense. I have stood beside people just like you across the entire state of Minnesota—from the bustling courtrooms of Minneapolis and St. Paul to the local jurisdictions in Rochester, Duluth, St. Cloud, and beyond. I’ve defended clients in Hennepin County, Ramsey County, St. Louis County, and Olmsted County, and I understand that every case is unique and every client deserves a tailored, aggressive defense strategy. This is not the time for despair. This is the time to fight back.
What “Intentionally Damaging Property by Fire” Actually Means in Minnesota
When you’re charged with Second-Degree Arson, the prosecutor isn’t just saying you were near a fire. They are accusing you of a specific, deliberate act. In the simplest terms, Minnesota law defines this crime as intentionally using fire or explosives to destroy or damage certain types of property. The key word that will define your case is intentionally. This isn’t about negligence, like forgetting to put out a campfire. This is about the state believing it can prove you acted with the specific purpose of causing destruction with fire.
These charges often arise in complex situations. You might see a Second-Degree Arson accusation after a business dispute in Maple Grove, a domestic conflict that escalates in Eagan, or an act of vandalism in a Plymouth park. The property involved is also a critical factor. The charge applies to any building not covered by First-Degree Arson (which typically involves dwellings or the risk of bodily harm) or any other personal or real property valued at over $1,000. This could be a car, a boat, a commercial shed, or even expensive equipment. Understanding these nuances is the first step in dismantling the prosecution’s case against you.
Minnesota’s Second-Degree Arson Law — Straight from the Statute
To effectively defend against your charge, you need to know exactly what the law says. The accusations against you are based on a specific statute in the Minnesota Criminal Code. I believe in empowering you with knowledge, and that starts with the precise legal language the state will use to try and convict you.
The relevant law is Minnesota Statute § 609.562. Here is the exact text:
609.562 ARSON IN THE SECOND DEGREE.
Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not covered by section 609.561, 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, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Breaking Down the Legal Elements of Second-Degree Arson in Minnesota
The prosecutor has a heavy burden. To convict you of Second-Degree Arson, they must prove every single one of the following legal elements beyond a reasonable doubt. If they fail on even one element, their case falls apart. My job is to find the weaknesses in their arguments and exploit them. I will scrutinize every piece of evidence to show that the state cannot meet its burden of proof.
- UnlawfullyYou must have acted without legal justification or permission. This element is usually straightforward, as there are very few scenarios where you have the legal right to burn down someone else’s property or even your own if it’s for a fraudulent purpose. However, in some unique cases involving property ownership disputes or ambiguous circumstances, we can challenge whether your actions were truly “unlawful” under the specific context of your situation. The state can’t just assume this; they must affirmatively prove it.
- By Means of Fire or ExplosivesThis element defines the tool of destruction. The prosecution must present evidence that the damage was directly caused by fire or an explosive device that you set or detonated. This seems simple, but fire investigation is a complex science. We can challenge the findings of fire marshals and state investigators. Was the fire’s origin point correctly identified? Could an electrical fault, a chemical reaction, or some other accidental source be the true cause? I often work with independent fire investigators to expose flaws in the state’s forensic analysis.
- Intentionally Destroys or DamagesThis is the heart of most Second-Degree Arson cases and the element where many defenses are born. “Intentionally” means it was your conscious objective to burn the property, or you acted knowing that your conduct was practically certain to result in its destruction by fire. It is not enough for the state to prove you were reckless or careless. A fire that starts accidentally and gets out of hand is not arson. I will aggressively challenge the evidence of your state of mind, arguing that you never possessed the specific criminal intent required for a conviction.
- A Covered Building or Property Valued at Over $1,000The charge is only valid if it involves specific types of property. This includes any building that isn’t a “dwelling” (covered by First-Degree Arson), regardless of its value. For any other type of property—like a car, boat, tools, or even timber—the state must prove its value exceeded $1,000 at the time of the fire. I can fight this by introducing our own appraisals, questioning the state’s valuation methods, and arguing that the property did not meet the statutory threshold, potentially leading to a reduction or dismissal of the charge.
Penalties for a Second-Degree Arson Conviction in Minnesota Can Be Severe
Let’s not mince words: a conviction for Second-Degree Arson will change your life forever. This is not a minor offense that you can easily put behind you. The state of Minnesota classifies this crime as a serious felony, and the penalties are designed to be punitive. You are facing the possibility of years behind bars, financially crippling fines, and a permanent criminal record that will follow you for the rest of your life. This is why you cannot afford to be passive.
Felony Second-Degree Arson
Under Minnesota Statute § 609.562, this offense is a felony. If convicted, the court has the authority to impose a sentence that includes:
- Imprisonment: Up to 10 years in a state prison.
- Fines: Up to $20,000.
- Probation: A long period of supervised probation, either instead of or after a period of incarceration.
The penalties for arson in Minnesota are harsh, and prosecutors in cities like Minneapolis, St. Paul, and Rochester pursue these cases aggressively. You need a defense that is just as aggressive.
What Second-Degree Arson Looks Like in Real Life — Common Scenarios in Minnesota
An arson charge rarely happens in a vacuum. It is often the result of a situation spiraling out of control. Because the statute covers a wide range of properties and circumstances, the accusations I see vary greatly. These are not just abstract legal concepts; they are real-life scenarios that happen to people across our state.
Perhaps your situation sounds like one of these. You may feel isolated, but you are not the first person in Minnesota to face these circumstances. The key is to understand how the facts of your specific case fit—or more importantly, don’t fit—the narrow legal definition of the crime.
The Business Dispute Gone Wrong
Imagine two competing small businesses in a Bloomington industrial park. Tensions have been high for months. One night, a fire breaks out in a detached storage shed behind one of the businesses, destroying over $50,000 in inventory. The owner immediately points the finger at his rival. Police find a gas can near the scene and, based on the owner’s accusation and a grainy security video, they charge the rival business owner with Second-Degree Arson. Here, the entire case hinges on proving identity and intent.
Insurance Fraud Attempt
Consider a struggling restaurant owner in Duluth whose business is failing. He has a comprehensive insurance policy. One night, his empty restaurant burns down. Investigators find evidence of accelerants and rule out all accidental causes. Because the building was commercial (not a dwelling) and he stood to gain financially, he is charged with Second-Degree Arson for burning his own property with the intent to defraud an insurer, which the law explicitly covers.
The Domestic Conflict Escalation
In a quiet Rochester suburb, a relationship ends badly. In a moment of intense anger and poor judgment, one person takes their ex-partner’s expensive designer clothing, throws it in a pile in the driveway, and sets it on fire. The collection is valued at over $5,000. Even though it happened outdoors and no building was at risk, the value of the personal property destroyed is over the $1,000 threshold, leading to a felony Second-Degree Arson charge.
The Vandalism Spree
A group of young adults in St. Cloud are out late one night, drinking and causing trouble. They decide to set fire to a large, expensive playground structure in a public park. The structure is owned by the city and valued at well over $1,000. When they are identified from social media posts, they are each charged with Second-Degree Arson. The prosecution will argue that destroying public property by fire fits the statute perfectly.
Legal Defenses That Might Work Against Your Arson Charge
An accusation is not a conviction. The prosecution’s version of events is just that—a version. It is often filled with assumptions, weak evidence, and holes that can be exposed by a thorough and relentless defense. Never assume that the evidence against you is unbeatable. Police and prosecutors make mistakes. Witnesses can be wrong. Forensic evidence can be misinterpreted. My entire approach is built on challenging the state’s case at every turn and building a powerful counter-narrative that creates reasonable doubt.
There are numerous defense strategies we can deploy, all tailored to the specific facts of your case. We will meticulously review every report, interview every witness, and scrutinize every piece of physical evidence. The goal is to find the strategy that gives you the best possible chance at a dismissal, an acquittal at trial, or a favorable plea negotiation that protects your future. From challenging the so-called “science” of fire investigation to proving your alibi, we will explore every available avenue.
Defense Strategy: It Was an Accident, Not Arson
This is one of the most common and effective defenses to a Minnesota arson charge. The prosecutor must prove you intentionally set the fire. If we can show the fire was the result of negligence, recklessness, or a pure accident, the state’s case collapses because they cannot prove the required criminal intent.
- Unattended Fires: You may have left a grill, stove, or campfire burning, believing it was safe. A sudden gust of wind or an unforeseen event could have caused the fire to spread tragically. This is negligence, not the intentional act of arson.
- Electrical or Mechanical Failure: We can hire an independent forensic fire investigator to examine the scene. They may find that the fire’s true origin was a faulty wire, a malfunctioning appliance, or a chemical reaction, completely contradicting the state’s theory that you set the fire.
- Reckless Behavior vs. Intentional Act: Maybe you were doing something foolish, like setting off fireworks too close to a building in Maple Grove or tossing a cigarette into a dry area. While not wise, these actions lack the specific intent to destroy property that is required for an arson conviction.
Defense Strategy: You Have Been Falsely Accused
It is a terrible reality that people are sometimes falsely accused of crimes they did not commit, often by someone with a motive to lie. This is especially common in arson cases arising from domestic disputes, business rivalries, or other personal conflicts. Our job is to expose the truth and clear your name.
- Motive to Lie: We will investigate the person accusing you. Do they have a financial motive? Are they an angry ex-partner seeking revenge? Are they a business competitor trying to eliminate you? Exposing this bias to a jury can destroy the accuser’s credibility.
- Establishing an Alibi: You can’t have set a fire in St. Paul if you were verifiably across town in Minneapolis. We will gather evidence to prove you were somewhere else. This can include GPS data from your phone, credit card receipts, eyewitness testimony from friends or family, and security footage from other locations.
- Lack of Physical Evidence: Arson cases often rely on circumstantial evidence. We will highlight the absence of credible proof linking you to the scene. No fingerprints, no DNA, no reliable eyewitnesses, and no accelerant found on your clothing can all add up to a powerful argument for reasonable doubt.
Defense Strategy: Challenging the Property’s Value
For Second-Degree Arson charges that do not involve a building, the prosecution has the burden of proving that the destroyed property was worth more than $1,000. This is a critical element that is often overlooked by defendants without skilled legal counsel. We can fight the charge by directly challenging the state’s valuation.
- Independent Appraisal: The state will likely rely on the owner’s opinion or a “Blue Book” value. We can hire our own certified appraiser to provide a more accurate, and often much lower, valuation of the property at the time of the fire.
- Depreciation and Condition: Property loses value over time. Was the burned car in your Rochester case an old, high-mileage vehicle with existing damage? Was the equipment destroyed in Plymouth already outdated and heavily used? We will present evidence to show the property’s true market value was below the $1,000 felony threshold.
- Negotiating a Lesser Charge: If we can successfully argue that the value was $1,000 or less, the felony Second-Degree Arson charge cannot stand. This may lead to the charge being amended to a misdemeanor property damage offense, which carries far less severe penalties.
Defense Strategy: The Evidence Was Obtained Illegally
The U.S. and Minnesota Constitutions protect you from unreasonable searches and seizures by the government. Police must follow strict rules when gathering evidence. If they violate your rights, the evidence they find can be thrown out of court, often gutting the prosecution’s case against you.
- Warrantless Search: Did law enforcement search your home, car, or phone without a valid search warrant? Unless a clear exception to the warrant requirement applies, any evidence found during that illegal search is inadmissible.
- Faulty Warrant: Even if the police had a warrant, we can challenge its validity. Was it based on false or misleading information? Was it overly broad? If the warrant was defective, the search was illegal.
- Confession Without Miranda: Were you interrogated while in police custody without being read your Miranda rights? If so, any confession or incriminating statement you made can be suppressed and cannot be used against you at trial.
Minnesota Arson FAQs — What You Need to Know Now
Will I go to jail for Second-Degree Arson in Minnesota?
A conviction carries a maximum sentence of 10 years in prison. While not every conviction results in the maximum sentence, there is a very real possibility of incarceration. The outcome depends heavily on the specifics of your case, your criminal history, and the quality of your legal defense. A strong defense strategy can lead to alternatives like probation or a reduced charge.
What is the difference between First-Degree and Second-Degree Arson?
First-Degree Arson is generally considered more serious. It typically involves burning a “dwelling” (where people live), or any building where a person is present, or circumstances where a flammable material was used to start a fire in a building. Second-Degree Arson covers other buildings (commercial, outbuildings) and other property valued over $1,000.
Can I be charged with arson for burning my own property?
Yes. Minnesota’s statute explicitly states it applies “whether the property of the actor or another.” This is most common in insurance fraud cases, where someone burns their own property to illegally collect an insurance payout. You can also be charged if burning your property recklessly endangers others.
How do prosecutors prove “intent” in an arson case?
Since they can’t read your mind, prosecutors use circumstantial evidence to prove intent. This can include evidence of motive (like a financial dispute or desire for revenge), the use of accelerants (like gasoline), multiple points of origin for the fire, and statements you made before or after the incident. A key part of my job is to offer innocent explanations for this evidence.
Can a Second-Degree Arson charge be dismissed?
Absolutely. A dismissal is one of the best possible outcomes. A case can be dismissed if we can show there is not enough evidence for the case to proceed, if crucial evidence is suppressed due to a constitutional violation, or if we can present compelling evidence of your innocence to the prosecutor before trial.
Do I need a lawyer for an arson charge in Minneapolis or St. Paul?
Yes, without question. Arson is a serious felony charge. The prosecutors in Hennepin and Ramsey Counties are experienced and have the full resources of the state behind them. Attempting to face them alone is a massive risk. You need a defense attorney who knows the local courts, judges, and prosecutors.
How long does an arson investigation take in Minnesota?
Arson investigations can be lengthy and complex. Fire marshals and investigators must analyze the scene, test samples for accelerants, interview witnesses, and review financial records. It can take weeks or even months for charges to be filed after the date of the fire.
What should I do if I’m being investigated for arson?
Do not speak to fire investigators or police without an attorney present. You have the right to remain silent—use it. Anything you say can and will be used against you, even if you believe you are innocent and are just trying to help. Contact a criminal defense attorney immediately.
Can a felony arson charge be reduced to a misdemeanor?
Yes, this is a common goal in plea negotiations. If we can challenge a key element of the case, like the property value or the evidence of intent, we can often persuade the prosecutor to amend the charge to a less serious offense, such as misdemeanor or gross misdemeanor criminal damage to property.
How long will a Second-Degree Arson charge stay on my record in Minnesota?
A conviction for a felony will stay on your criminal record permanently. This can have devastating lifelong consequences. While Minnesota law allows for the expungement of some criminal records, sealing a serious felony like arson is extremely difficult. The best strategy is to prevent the conviction in the first place.
What is a “continuance for dismissal”?
A continuance for dismissal (CFD) is a great outcome where you agree to certain conditions (like remaining law-abiding) for a set period. If you comply, the charge is dismissed at the end of that period, preventing a conviction. This is typically only available for less serious offenses, but a skilled attorney can sometimes negotiate it in unique felony cases.
Can I challenge the fire marshal’s report?
Yes. Fire investigation is not a perfect science. Investigators can make mistakes, miss evidence of an accidental cause, or rely on outdated techniques. I often work with independent, court-qualified fire experts to conduct a separate analysis of the scene and challenge the conclusions in the state’s official report.
What if the main witness against me is lying?
Challenging the credibility of witnesses is a cornerstone of criminal defense. We can investigate the witness for any motive to lie, cross-examine them aggressively at trial to expose inconsistencies in their story, and present other evidence that contradicts their testimony.
Will I have to testify in court?
You have an absolute constitutional right not to testify. The decision of whether to testify is yours and yours alone, made after careful consultation with your attorney. In many cases, it is better not to testify and instead focus on demonstrating that the prosecution has failed to prove its case.
How much does a private arson defense attorney cost?
The cost will vary depending on the complexity of the case. However, you must view this not as a cost, but as an investment in your freedom and your future. A private attorney has the time, resources, and singular focus on your case that an overburdened public defender often cannot provide. The cost of a conviction—in terms of fines, lost income, and lost opportunities—is infinitely higher.
What a Second-Degree Arson Conviction Could Mean for the Rest of Your Life
The consequences of a felony arson conviction extend far beyond the courtroom and prison walls. It creates a permanent stain on your record that impacts nearly every aspect of your life. These are known as collateral consequences, and they can be just as punishing as the criminal sentence itself. You need to understand what’s at stake.
Your Right to Own a Firearm Will Be Gone
In Minnesota, a conviction for a felony “crime of violence” results in a lifetime ban on possessing firearms. Second-Degree Arson is often categorized as a crime of violence. This means you will lose your Second Amendment rights forever. For hunters, sport shooters, or anyone who keeps a firearm for personal protection, this consequence is devastating and permanent.
A Permanent Criminal Record and The End of Your Career
Imagine having to check “yes” on the felony conviction box on every job application for the rest of your life. A Second-Degree Arson conviction creates a massive barrier to employment. Many employers will not hire a convicted felon, especially for a crime involving destruction and dishonesty. You may be barred from holding professional licenses (in fields like real estate, healthcare, or education) and find your career ambitions completely derailed.
Loss of Housing and Educational Opportunities
Most landlords run background checks. A felony arson conviction can make it nearly impossible to find safe, desirable housing, as property owners will see you as a significant risk. Similarly, many colleges and universities may deny your application or financial aid based on a felony record. The door to self-improvement through education can be slammed shut.
Severe Immigration Consequences
If you are not a United States citizen, a conviction for Second-Degree Arson is a life-altering event. It is considered an “aggravated felony” under immigration law. This can lead to mandatory detention and deportation, regardless of how long you have lived in the country, whether you have a family here, or whether you hold a green card. There is virtually no defense against removal for an aggravated felony.
Why You Need a Tough, Experienced Minnesota Arson Attorney
When the full weight of the state is coming down on you, you cannot afford to go it alone. The prosecutor assigned to your case is a professional whose only job is to secure a conviction. They have police, fire marshals, and crime labs at their disposal. To have any chance at a fair fight, you need a dedicated advocate in your corner.
The Power of a Focused, Private Defense
Unlike a public defender who may be juggling hundreds of cases, I will be focused on you. I have the resources to conduct a deep-dive investigation into every facet of your case. I will visit the scene, interview witnesses myself, file motions to challenge the state’s evidence, and work with top-tier investigators and forensic experts. This level of personal attention and dedication can be the difference between a prison sentence and a dismissal.
Acting Fast Can Change Everything
The most critical window in a criminal case is the very beginning. By taking immediate action, we can preserve crucial evidence before it’s lost, locate and interview witnesses while their memories are fresh, and get ahead of the prosecution’s narrative. Critically, I can intervene early to prevent you from making any statements to investigators that could damage your case. The sooner you call, the stronger your defense will be.
I Know the Minnesota Court System
Every county and city in Minnesota has its own way of doing things. The prosecutors in Hennepin County may have different priorities and tendencies than those in St. Louis County or Ramsey County. I have represented clients across this state, from the Twin Cities metro to Greater Minnesota. I understand the local legal landscapes, the judges, and the prosecutors. This insider knowledge allows me to craft a strategy that is not just legally sound, but also tailored to the specific court where your case will be heard.
My Entire Focus is on Building a Case That Gets Results
Success isn’t just about a “not guilty” verdict at trial. A win can be getting the charges dismissed before trial even begins. It can be negotiating a reduction from a felony to a misdemeanor, protecting your record and your rights. It can mean securing a spot in a diversion program that results in no conviction at all. I will explore every option and fight tirelessly for the best possible outcome for you, your family, and your future. Your case is not just another file to me—it’s your life. And I will defend it as if it were my own.