A Minnesota Criminal Defense Attorney Explains What You’re Up Against and How to Fight Back
A campfire that escaped its ring. A debris burn that was swept up by a sudden gust of wind. A moment of recklessness that you never imagined would lead to this. Now, you’re facing one of the most serious criminal charges in Minnesota: Wildfire Arson. The words themselves—”wildfire,” “arson,” “felony”—are terrifying. You’re likely consumed with fear and anxiety about what this means for your freedom, your family, your finances, and your entire future. Your mind is racing, trying to make sense of how a situation could spiral so completely out of control.
Prosecutors will try to paint you as a malicious criminal who callously endangered lives and destroyed Minnesota’s natural beauty. But I know that the reality is almost never that simple. These cases are often born from accidents, misunderstandings, or acts of negligence—not from a deliberate intent to set a forest ablaze. The line between a tragic accident and a felony crime can be razor-thin, and the prosecution must prove your specific intent beyond all reasonable doubt. You are presumed innocent, and your side of the story deserves a powerful and strategic defense.
You do not have to face the full force of the state alone. As a Minnesota criminal defense attorney, I have dedicated my career to defending individuals just like you in courtrooms across this state, from the metro areas of Minneapolis and St. Paul to the vast forests surrounding Duluth and the Boundary Waters, and the agricultural lands near Rochester. I understand the complexities of Minnesota’s Wildfire Arson statute and how to challenge the state’s case. We will stand together, dissect the evidence, protect your rights, and build the strongest possible defense to fight for the future you deserve.
What Wildfire Arson Actually Means in Minnesota
Being charged with Wildfire Arson in Minnesota is profoundly serious. This isn’t like other property crimes; it’s a specific felony offense aimed at punishing those who intentionally start fires that burn out of control in natural environments. In its simplest terms, you can be charged with Wildfire Arson if you are accused of intentionally setting a fire that is meant to burn uncontrollably on someone else’s land containing timber, underbrush, grass, or other vegetation. The key element that distinguishes this from a mere negligent fire is intent. The state must prove that you wanted the fire to burn out of control.
The law also includes a lesser, but still serious, gross misdemeanor charge for simply possessing flammable materials with the intent to start such a fire. This means that if you are found with gasoline, flares, or other incendiary devices and the state believes it can prove you planned to start an illegal wildfire, you can be charged even if no fire was ever lit. Whether you’re facing an accusation after a hunting trip near the Iron Range or a bonfire in a state park, a Minnesota Wildfire Arson charge means the government is alleging you deliberately intended to set a dangerous and uncontrolled fire on another’s land.
Minnesota Law on Wildfire Arson — Straight from the Statute
To build a powerful defense, we must first understand the precise legal language the state will use to prosecute you. Every word in the statute is a potential point of contention and a pillar upon which we can build our case. The law is specific about intent, location, and the materials burned.
The controlling law is Minnesota Statute § 609.5641, WILDFIRE ARSON. Here is the exact language:
Subdivision 1. Setting wildfires. A person who intentionally sets a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material is guilty of a felony and may be sentenced as provided in subdivision 1a.
Subd. 1a. Penalty; felonies.
(a) Except as provided in paragraphs (b), (c), and (d), a person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A person who violates subdivision 1 where the fire threatens to damage or damages in excess of five buildings or dwellings, burns 500 acres or more, or damages crops in excess of $100,000, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $15,000, or both.
(c) A person who violates subdivision 1 where the fire threatens to damage or damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $25,000, or both.
(d) A person who violates subdivision 1 where the fire causes another person to suffer demonstrable bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of $15,000, or both…
Subd. 2. Possession of flammables to set wildfires. A person is guilty of a gross misdemeanor who possesses a flammable, explosive, or incendiary device, substance, or material with intent to use the device, substance, or material to violate subdivision 1.
Breaking Down the Legal Elements of Wildfire Arson in Minnesota
For the prosecution to convict you of Wildfire Arson, they must prove every single one of the following elements beyond a reasonable doubt. If we can cast doubt on even one component, their case fails. We will meticulously analyze the state’s evidence—or lack thereof—for each of these critical points.
- Intentionally Sets a FireThis is the core of the offense and often the most difficult element for the state to prove. It’s not enough that you started a fire; the prosecutor must prove that it was your conscious objective to set that fire. A campfire that spreads due to negligence or a debris burn that escapes because of an unexpected weather change does not meet this standard. We will challenge the state’s evidence of your state of mind, arguing that the fire was accidental, the result of carelessness, or anything other than a deliberate, intentional act as required by the statute.
- To Burn Out of ControlThe statute requires a second layer of intent. The prosecution must prove not only that you intentionally set the fire, but that you did so with the specific goal of having it burn out of control. This is a very high bar. It means proving you wanted chaos and destruction. If you intended to have a controlled burn that accidentally escaped, you do not meet this element. We will argue that your intent was for a contained fire, and the uncontrolled spread was an unintended and unforeseen accident, not part of your objective.
- On Land of AnotherThe fire must be set on property that you do not own. This could be public land, such as a state park, national forest, or county land, or it could be the private property of another individual or company. This element defines the crime as an invasion of another’s property rights. We will investigate property records and boundaries to confirm the exact ownership of the land where the fire originated. If there is any ambiguity about ownership or if you had permission to be there, it could form a crucial part of your defense.
- Containing Vegetative Combustible MaterialThe law is specific that the land must contain “timber, underbrush, grass, or other vegetative combustible material.” This distinguishes Wildfire Arson from other forms of arson that might occur in an urban or industrial setting. The prosecution must prove that the fire was set in a natural environment capable of sustaining a wildfire. While often straightforward, we will ensure the state provides clear evidence that the location of the fire’s origin matches the description in the statute.
Penalties for a Wildfire Arson Conviction in Minnesota Can Be Severe
A conviction for Wildfire Arson is a life-altering event. The penalties are harsh, reflecting the immense danger and destruction these fires can cause. You are not just fighting a charge; you are fighting for your freedom, your financial stability, and your future. The potential sentences range from years to decades in prison, accompanied by crippling fines and massive restitution orders.
Felony Sentencing: A Tiered System of Punishment
Minnesota law establishes different levels of felony penalties for Wildfire Arson based on the amount of damage caused.
- Standard Felony: If convicted under the basic statute without aggravating factors, you face up to five years in prison and a fine of up to $10,000.
- Aggravated Felony (Mid-Level): If the fire damages or threatens more than five buildings, burns over 500 acres, or damages over $100,000 in crops, the penalties increase to up to 10 years in prison and a fine of up to $15,000.
- Aggravated Felony (High-Level): If the fire damages or threatens over 100 buildings, burns more than 1,500 acres, or damages over $250,000 in crops, the penalties skyrocket to up to 20 years in prison and a fine of up to $25,000.
- Felony Causing Bodily Harm: If the fire causes demonstrable bodily harm to another person, you face up to 10 years in prison and a fine of up to $15,000.
Gross Misdemeanor: Possession of Flammables
If you are convicted of possessing flammable materials with the intent to commit Wildfire Arson, you face a gross misdemeanor. The penalties include up to one year in jail and a fine of up to $3,000.
Crushing Restitution Orders
On top of any prison sentence or fine, the court will order you to pay restitution. This can include the costs of fighting the fire (which can run into millions of dollars), the value of the timber or crops destroyed, damage to property, and costs associated with any injuries. These restitution orders can create a lifetime of debt.
What Wildfire Arson Looks Like in Real Life — Common Scenarios in Minnesota
These devastating charges often originate from actions that were not intended to cause widespread harm. A single misjudgment in Minnesota’s beautiful but vulnerable wilderness can quickly escalate into a legal nightmare. Here are some real-world scenarios that could lead to Wildfire Arson charges.
A Campfire in the Boundary Waters Canoe Area Wilderness
You and your friends are on a camping trip deep within the BWCAW, near the Canadian border. There are fire restrictions in place, but you decide to build a small, illegal campfire to cook your dinner. A strong wind kicks up unexpectedly, sending embers into the dry pine needles nearby. The fire spreads rapidly, quickly becoming an out-of-control wildfire. Even if your only intent was to cook a meal, prosecutors could argue that by intentionally setting a fire in defiance of a ban, you intended for it to burn without regard for control, leading to felony charges.
A Debris Burn on Rural Property Near Duluth
You own a small plot of land outside Duluth and decide to burn a large pile of brush and construction debris. You believe you have taken proper precautions, but the fire is larger than you can handle. It jumps your makeshift firebreak and begins burning onto your neighbor’s wooded property. Fearing you’ll be in trouble, you initially tell investigators a false story about how the fire started. The prosecution could use that lie as evidence of a guilty mind, arguing you intentionally set a fire to burn out of control on another’s land.
A Malicious Act of Revenge in Central Minnesota
You get into a bitter dispute with a neighboring farmer in a rural area near St. Cloud over a property line. In a moment of extreme anger, you drive to a remote part of their land and use gasoline to set a fire in their field of dry corn stubble. Your goal is to cause economic damage. The fire spreads quickly, threatening barns and equipment. In this case, your actions clearly meet the elements of the crime: you intentionally set a fire on another’s land containing vegetative material, and your intent was for it to burn uncontrollably.
A Firework Display Gone Wrong in a State Forest
During a holiday weekend, you are celebrating with family at a cabin that borders a Minnesota state forest near Plymouth or Maple Grove. Despite warnings about dry conditions, you decide to set off professional-grade fireworks. A stray rocket lands in the underbrush of the state forest, sparking a fire that quickly consumes several acres of timber. Prosecutors could charge you with Wildfire Arson, arguing that launching explosives into a dry forest constituted an intentional act to set a fire that was inherently uncontrollable.
Legal Defenses That Might Work Against Your Wildfire Arson Charge
An accusation of Wildfire Arson can feel like an impossible mountain to climb. The images of destruction are powerful, and the political pressure to secure a conviction is immense. But you are not without hope. The prosecution bears the heavy burden of proving every single element of its case, and an aggressive, detailed investigation can often uncover fatal flaws in their argument. My first step will always be to launch my own independent investigation, separate from the one conducted by the state. I will analyze fire marshal reports, consult with independent fire science experts, interview witnesses, and scrutinize every piece of evidence for weaknesses.
Building a powerful defense is about challenging the state’s narrative at every turn. Was the fire truly intentional, or was it a tragic accident? Can they actually prove that your specific goal was for it to burn out of control? Were your constitutional rights violated during the investigation? We will explore every possible avenue for your defense, from filing motions to suppress evidence to presenting a compelling case to a jury. Fighting these charges is essential, and below are some of the key strategies that could work for you.
Lack of Intent
The cornerstone of any Wildfire Arson defense is attacking the element of intent. The state must prove a dual intent: that you intentionally set the fire and that you did so with the purpose of having it burn out of control. This is a very high legal standard to meet.
- The Fire Was Accidental: We can present evidence that the fire was a complete accident. Perhaps it was caused by a malfunctioning piece of equipment, a ricochet from legal target shooting, or a smoldering cigarette you thought was extinguished. An accidental fire, no matter how destructive, is not arson.
- Negligence is Not Intent: You may have been careless or negligent in starting or tending to a fire, but that is not the same as the specific intent required by the Wildfire Arson statute. A campfire that wasn’t fully extinguished or a debris burn that was not properly monitored are acts of negligence, which should not be prosecuted as intentional felony arson.
Challenging the “Out of Control” Element
Even if you intentionally set a fire (like a campfire), the prosecution must still prove you intended for it to rage out of control. This is a critical distinction that can mean the difference between a felony conviction and freedom.
- Intended a Contained Fire: We can argue that your only intention was to have a small, controlled fire for warmth, cooking, or clearing a small amount of brush. We would present evidence of any precautions you took, such as building a fire ring or clearing the area, to show that your goal was containment, not chaos.
- Unforeseeable Circumstances: The fire’s spread may have been caused by a sudden, unforeseeable event, like a “fire whirl” (a tornado-like wind phenomenon) or a drastic and unpredicted shift in wind direction. We can argue that you could not have intended for the fire to burn out of control when its spread was due to an act of nature you could not have foreseen.
Mistaken Identity or False Accusation
Wildfires often start in remote areas with few witnesses. The state’s case may be built on weak or circumstantial evidence that points to you, but doesn’t prove your guilt.
- No Direct Evidence: The prosecution may lack any eyewitnesses who actually saw you set the fire. Their case might be based entirely on circumstantial evidence, such as you being in the general area around the time the fire started. We will argue that being present is not proof of guilt and that other plausible explanations exist.
- Motive for False Accusation: In some cases, a person with a grudge—an angry neighbor, an ex-partner, a business rival—may falsely report you to law enforcement. We would conduct a thorough investigation into the person who accused you to uncover any bias or motive they might have to lie.
Constitutional Rights Violations
Law enforcement officials, including fire investigators, must respect your constitutional rights during every stage of their investigation. If they cross the line, we can have critical evidence thrown out of court.
- Illegal Search and Seizure: If investigators searched your vehicle, your cabin, or your home without a valid search warrant or probable cause, any evidence they found—such as flammable materials, maps, or computers—could be suppressed and ruled inadmissible in court.
- Coerced Confession or Statements: If you were questioned for hours, denied access to a lawyer, or pressured into making incriminating statements, those statements could be deemed involuntary and suppressed. We will scrutinize the entire interrogation process to ensure your rights were protected.
Minnesota Wildfire Arson FAQs — What You Need to Know Now
Will I definitely go to jail for Wildfire Arson in Minnesota?
While a prison sentence is a very real possibility given the felony nature of the charge, it is not automatic. An effective defense strategy can lead to reduced charges, a probationary sentence instead of prison, or even a full acquittal at trial. The outcome depends heavily on the facts of your case and the quality of your legal representation.
Can a Wildfire Arson charge be dismissed?
Yes. Dismissal is always the ultimate goal. A charge can be dismissed if the prosecution lacks sufficient evidence to prove your intent, if we can show the fire was accidental, or if critical evidence is suppressed because of a constitutional violation. My first objective is always to find a path to dismissal.
Do I need a lawyer for a Wildfire Arson charge in a rural county?
Absolutely. These charges are often prosecuted most aggressively in rural and northern Minnesota counties where the community is deeply connected to the forests and natural lands. You need an attorney who understands the local courts, prosecutors, and jury pools in these specific areas and is prepared for the unique challenges of defending these cases.
How much are restitution costs in a wildfire case?
Restitution can be astronomical. It includes not just the value of damaged property, but the incredibly high costs of fire suppression—airplanes, helicopters, hundreds of firefighters, and equipment—which can easily run into the hundreds of thousands or even millions of dollars. This debt can follow you for life.
What is the difference between Wildfire Arson and Negligent Fire?
The difference is your state of mind. Wildfire Arson requires intent—you wanted to set a fire to burn out of control. Negligent Fire is a lesser offense where you acted carelessly (with gross negligence) and a fire accidentally escaped, causing damage. Proving intent is the prosecutor’s burden and a key battleground for your defense.
What if the fire started on my own land and spread?
The statute specifies the fire must be set “on land of another.” However, if you set a fire on your own land with the intent for it to spread to your neighbor’s land, you could still be charged. The origin point is less important than your intent for where the fire would burn.
What if I had a burn permit?
Having a valid burn permit from the DNR or a local fire department can be a strong defense, as long as you were following the conditions of the permit. If a fire accidentally escaped while you were burning legally, it would be very difficult for the state to prove you had criminal intent.
How does the state prove I intended the fire to burn out of control?
This is very difficult for them. They will use circumstantial evidence, such as the use of accelerants (like gasoline), setting multiple points of origin, setting a fire during a red flag warning, or your own statements. My job is to challenge this circumstantial evidence and provide alternative, innocent explanations for your actions.
What if I lied to investigators at first because I was scared?
It is never a good idea to lie to law enforcement. However, people often panic and say things that aren’t true when they are scared. The prosecution will try to use this as evidence of your guilt. My job is to explain the context to the jury—that you were afraid and confused, not that you were trying to cover up a crime.
How long does a Wildfire Arson charge stay on my record?
A felony conviction in Minnesota stays on your criminal record forever unless you can obtain an expungement. The expungement process is complicated and never guaranteed. Preventing the conviction is by far the best strategy.
Can a Gross Misdemeanor for possessing flammables affect my gun rights?
Yes. A conviction for a gross misdemeanor crime of violence can result in the loss of your firearm rights in Minnesota. While possession of flammables isn’t automatically a crime of violence, a prosecutor could argue it is, putting your Second Amendment rights at risk.
What happens first after being charged with a felony?
You will have a First Appearance or Rule 8 hearing where the charges are read, and conditions of release (bail) are set. It is critical to have an attorney at this very first stage to argue for your release and begin building your defense.
Can this charge impact my immigration status if I’m not a citizen?
Absolutely. Arson is considered an “aggravated felony” and a “crime of moral turpitude” under immigration law. A conviction, even without a long prison sentence, can lead to mandatory deportation for non-citizens, including legal permanent residents.
What is a “threatened” building?
The statute defines a building as “threatened” when there is a probability of damage that requires evacuation to protect human life. This is a subjective standard that we can challenge in court by questioning the actual level of risk the building faced.
Is it worth fighting a case if the evidence seems overwhelming?
Yes. Evidence is rarely as clear-cut as the prosecution claims. Fire investigations are complex and prone to error. Eyewitnesses make mistakes. Your freedom and future are too important to give up without a fight. An aggressive defense can uncover weaknesses and change the entire outlook of your case.
What a Wildfire Arson Conviction Could Mean for the Rest of Your Life
A felony conviction for Wildfire Arson is a brand that will follow you forever. The consequences reach far beyond any prison sentence or fine, systematically dismantling your rights and opportunities and creating a permanent barrier to a normal life.
The Permanent Loss of Your Firearm Rights
Under both state and federal law, a felony conviction means you will be stripped of your Second Amendment rights for life. You will never again be able to legally own or possess a firearm or ammunition. For anyone who enjoys hunting, sport shooting, or simply values the right to self-defense, this is a complete and devastating loss of a fundamental right. This is not negotiable; it is an automatic and permanent consequence of a felony conviction.
A Lifelong Barrier to Employment and Housing
In the modern world, nearly every landlord and employer runs a background check. A felony arson conviction is one of the most serious red flags imaginable. It can automatically disqualify you from countless jobs, especially those requiring a professional license or a position of trust. It can make finding safe, decent housing nearly impossible, as landlords will see you as an unacceptable risk. You will be forced to explain this conviction for the rest of your life, constantly being judged for your worst moment.
Crippling Debt and Financial Ruin
The restitution orders in a wildfire case can be financially apocalyptic. You can be held liable for millions of dollars in firefighting costs and property damage. This is a debt that cannot be discharged in bankruptcy. It will hang over your head for the rest of your life, leading to wage garnishments, liens on your property, and a future of permanent financial instability. It is a punishment designed to ensure you never recover financially.
Immigration Consequences: Deportation
For any non-U.S. citizen, including legal permanent residents (green card holders), a conviction for Wildfire Arson is catastrophic. It is classified as an aggravated felony under U.S. immigration law, which triggers mandatory deportation proceedings. There is virtually no waiver or defense. A conviction will result in you being permanently banished from the United States, separated from your family and the life you have built here.
Why You Need a Tough, Experienced Minnesota Wildfire Arson Attorney
When you are facing a charge of this magnitude, with the full power and resources of the government aimed at you, you cannot afford to stand alone. You need a fierce, dedicated advocate who will fight for you at every stage, from the initial investigation through a potential jury trial.
The Advantage of a Determined Private Lawyer
Public defenders are dedicated lawyers, but they are often overwhelmed with impossible caseloads. They simply do not have the time or resources to conduct the kind of in-depth, science-heavy investigation that a Wildfire Arson case demands. As a private attorney, I purposefully limit my caseload so I can give your case the full attention it deserves. I have the resources to hire independent fire investigators and other forensic experts to challenge the state’s evidence and build a powerful, science-based defense tailored specifically to you.
How Fast Action Can Shape the Entire Case
The most critical time in a criminal defense is right at the beginning. By getting involved immediately, I can intervene before the investigation is complete, preserve crucial evidence that might otherwise be lost, and locate and interview witnesses while their memories are still fresh. I can also advise you before you make any statements to investigators, protecting you from their tactics. Getting a head start allows us to control the narrative and build a proactive defense, rather than just reacting to the prosecutor’s moves.
Deep Knowledge of Minnesota Courts, Statewide
I have defended clients in courtrooms all across Minnesota, from the urban centers of Hennepin and Ramsey counties to the rural counties in the northwoods and agricultural plains where these charges are most common. I understand that each jurisdiction has its own unique political climate, its own set of prosecutors, and its own jury demographics. This local knowledge is invaluable. I can tailor your defense to the specific environment of the court where your case will be heard, a strategic advantage that can make all the difference.
Building a Case Designed to Win
My philosophy is to prepare every single case as if it is going to a jury trial. This rigorous preparation sends a clear message to the prosecutor: we are ready for a fight. This approach often results in much better outcomes, whether through a favorable plea negotiation, a pre-trial dismissal, or a hard-fought acquittal in court. I am not here to simply manage your case; I am here to win it. Your future is on the line, and I will bring the full force of my experience, skill, and determination to fight for you.