A Minnesota Arson Defense Lawyer on Facing a First-Degree Charge Under Minn. Stat. § 609.561
The word “arson” is heavy, frightening, and life-altering. You are not just being accused of damaging property; you are facing one of the most serious felony charges under Minnesota law. A charge of First-Degree Arson means the state is accusing you of intentionally setting a fire that either destroyed a home, endangered human life, or was started with a dangerous accelerant. You are likely terrified, overwhelmed by the severity of the allegations, and facing a future that could include decades behind bars. You never imagined you would be in this position, fighting for your very freedom.
Perhaps the fire was a tragic accident, the result of faulty wiring, a careless mistake, or a kitchen fire that got out of control. Maybe you are being falsely accused by an enemy, or the fire investigators have misinterpreted the evidence and jumped to the wrong conclusion. The police and prosecutors, however, are not interested in nuance. They see a fire, and they see you as the person to blame. They will use their team of investigators and experts to build a case designed to send you to prison for a very long time. You cannot face this fight alone. I have defended people against the most serious felony charges in courtrooms across Minnesota, from Hennepin County and Ramsey County to St. Louis County and Olmsted County. This is a battle for your life, and it must be fought with skill, determination, and courage.
What “First-Degree Arson” Actually Means in Minnesota
First-Degree Arson is the most severe arson charge in Minnesota, reserved for fires that create the greatest risk to human life and property. To be charged with this crime, the state believes you intentionally destroyed or damaged a building with fire or explosives under one of three specific, aggravating circumstances. It is not a crime of negligence or recklessness; it is a crime of deliberate destruction. A conviction carries a maximum penalty of 20 years in prison and tens of thousands of dollars in fines.
The three paths to a First-Degree Arson charge are distinct. The first is setting fire to any dwelling—a place where people live—regardless of whether anyone was home at the time. The second is burning any other type of building (a business, a warehouse, a school) when you know, or should reasonably know, that another person is inside. The third path is burning any building of any kind by using a “flammable material,” such as gasoline, to start or accelerate the fire. Understanding which of these specific circumstances the state is alleging is the first step in deconstructing their case and building your defense.
The Law on First-Degree Arson — Straight from Minnesota Statute § 609.561
To begin fighting back, you must understand the exact law the government is using to try and take away your freedom. The entire case is built on the precise language of Minnesota Statute § 609.561, titled “Arson in the First Degree.” This statute lays out the three separate ways a person can be convicted of this top-level felony.
Here is the exact language of the law that governs your case:
609.561 ARSON IN THE FIRST DEGREE.
Subdivision 1.First degree; dwelling. 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 and may be sentenced to imprisonment for not more than 20 years or to a fine of not more than $20,000, or both.
Subd. 2.First degree; other buildings. Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not included in subdivision 1, whether the property of the actor or another commits arson in the first degree and may be sentenced to imprisonment for not more than 20 years or to a fine of not more than $35,000, or both 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.
Subd. 3.First degree; flammable material. (a) Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not included in subdivision 1, 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…
The Anatomy of a First-Degree Arson Charge in Minnesota
To put you in prison for up to two decades, the state has the immense burden of proving every single component of this charge beyond a reasonable doubt. Arson cases are often built on complex, circumstantial evidence and the opinions of forensic experts, all of which can be challenged. A strong defense is built by attacking each element of the state’s case until it collapses under the weight of reasonable doubt.
- The Act: The prosecutor must first prove that you are the person who unlawfully, by means of fire or explosives, destroyed or damaged a building. They must connect you directly to the cause of the fire. This often involves eyewitness testimony, video surveillance, or forensic evidence found at the scene. If they cannot prove you are the person who started the fire, they have no case.
- The Intent: This is the most critical element and the heart of most arson defenses. The state must prove that you acted intentionally. This means you had the conscious purpose to set the fire and cause the damage. A fire that starts by accident, negligence, or even recklessness is not arson. If you left a candle burning, had a cooking mishap, or were careless with smoking materials, you did not have the criminal intent required for an arson conviction.
- The Specific Aggravating Circumstance: What elevates arson to the first degree is the presence of a specific, high-risk factor. The state must prove one of the following three circumstances:
- It was a dwelling. The building was being used as a home or residence at the time of the fire. This applies even if the home was empty.
- Someone was present in a non-dwelling building. If the building was a business, school, or warehouse, the state must prove another person was inside, and that you either knew they were there or that it was reasonably possible someone would be.
- You used a flammable material. You used an accelerant like gasoline, lighter fluid, or flammable gas to start or spread the fire in any building. The use of an accelerant automatically makes it first-degree arson.
The Life-Altering Penalties for a First-Degree Arson Conviction
There is no way to understate the severity of these penalties. A conviction for First-Degree Arson guarantees a long prison sentence under the Minnesota Sentencing Guidelines. This is not a crime for which you can expect probation. A conviction means going to prison. The court will also impose massive fines and likely order you to pay restitution for all damage caused by the fire, which can be a crippling, lifelong financial burden.
Felony Penalties
All forms of First-Degree Arson are serious felonies, but the maximum fines vary slightly by subdivision.
- Arson of a Dwelling (Subd. 1) or Arson with Flammable Materials (Subd. 3): A conviction is punishable by up to 20 years in prison and/or a fine of up to $20,000.
- Arson of an Occupied Building (Subd. 2): A conviction is punishable by up to 20 years in prison and/or a fine of up to $35,000.
A judge will use the sentencing guidelines to determine a presumptive prison sentence based on the severity of the offense and your criminal history. For a first-time offender, a conviction for First-Degree Arson still carries a presumptive sentence of several years in prison.
How First-Degree Arson Charges Ignite: Real-Life Minnesota Scenarios
Arson investigations are complex, and charges can arise from a wide variety of circumstances. These are not just random acts of destruction; they are often deeply personal cases stemming from revenge, financial desperation, or mental health crises. Sometimes, however, they are tragic accidents that are misinterpreted by investigators.
The Domestic Dispute in a Minneapolis Suburb
After a volatile breakup in a suburb like Bloomington or Brooklyn Park, you go to your ex-partner’s apartment building. In a moment of rage, you set fire to a bag of their belongings in the hallway outside their door. The fire spreads to the carpet and fills the hall with smoke, causing damage to the building. Because the apartment building is a “dwelling,” you are charged with Arson in the First Degree, facing up to 20 years in prison.
The Insurance Fraud in Duluth
Your restaurant in Duluth is failing, and you are facing bankruptcy. As a last resort, you decide to burn it down to collect the insurance money. You go to the restaurant late at night, pour gasoline throughout the kitchen, and light it. The building is destroyed. Because you used an accelerant (“flammable material”), the act is automatically classified as Arson in the First Degree, even though you believed the building was empty.
The Revenge Fire in St. Paul
You have an ongoing feud with the owner of a warehouse in an industrial area of St. Paul. One night, you break in and set a fire to destroy their inventory. You are unaware that a homeless person has been secretly sleeping in a back corner of the warehouse to stay out of the cold. The person escapes unharmed, but because their presence was a “reasonable possibility,” you are charged with the most heavily fined version of First-Degree Arson.
The Accidental Fire Misinterpreted in Rochester
You are working on your car in your attached garage in Rochester, using a solvent to clean engine parts. You carelessly toss a rag soaked in the solvent into a trash can. Hours later, the rag spontaneously combusts, starting a fire that severely damages your garage and home. The fire investigator finds the solvent can and the origin point in the trash can and concludes you intentionally set the fire with an accelerant. You are now wrongly facing a charge of Arson in the First Degree for a tragic accident.
Building Your Defense: Extinguishing the Prosecution’s Case
An arson accusation can feel like an unstoppable force. The state will present a seemingly scientific case with testimony from fire marshals, lab technicians, and other experts. But arson investigation is not an exact science. It is a field ripe with outdated techniques, subjective interpretations, and the potential for error. A powerful defense requires an attorney who is not intimidated by the state’s experts and who can build an equally powerful scientific and factual case in your defense.
My first step is to bring in my own team. This includes independent fire investigators, forensic scientists, and engineers who can re-examine the scene, scrutinize the state’s evidence, and find the flaws in their conclusions. We will challenge every piece of their narrative, from the cause and origin of the fire to the allegations about your intent. An arson charge is a battle of experts, and you need a formidable expert on your side of the courtroom.
Defense Strategy: The Fire Was Accidental (Lack of Intent)
This is the cornerstone of many arson defenses. The state must prove you intentionally set the fire to cause damage. We can fight this by providing a credible, alternative explanation for the fire’s origin.
- Negligence, Not Arson: The fire was a tragic accident resulting from carelessness. Common examples include cooking fires, electrical shorts from faulty wiring, improper disposal of smoking materials, or leaving flammable materials near a heat source. These are acts of negligence, not the intentional criminal act of arson.
- An Alternative, Scientific Cause: Our independent fire investigator will conduct a full review of the scene, following modern scientific principles (NFPA 921). They can often identify alternative causes the state’s investigator missed, such as a malfunctioning appliance, a lightning strike, or evidence of spontaneous combustion, creating reasonable doubt about the state’s theory.
Defense Strategy: Misidentification or False Accusation
In some cases, the state has the wrong person. The fire was intentionally set, but not by you.
- You Have a Rock-Solid Alibi: We will gather evidence to prove you were somewhere else at the time the fire started. This can include witness testimony, GPS data from your phone, credit card receipts, or video surveillance from other locations.
- Someone Else Had a Motive: We will investigate other potential suspects who may have had a motive to set the fire, such as a rival business owner, a disgruntled former employee, or an ex-partner of the property owner. We can present evidence of another person’s motive to create reasonable doubt that you were the perpetrator.
Defense Strategy: Challenging the State’s “Science”
The forensic evidence in arson cases is often not as certain as prosecutors claim. “Burn patterns” can be misinterpreted, and lab tests can be flawed.
- Unreliable Fire Investigation: We will challenge the qualifications and methodology of the state’s fire marshal. Did they follow proper scientific procedures? Did they prematurely rule out accidental causes? Did they rely on outdated and unscientific myths about arson investigation?
- Contaminated or Flawed Lab Evidence: The state may claim they found evidence of an accelerant in a sample from the scene. We can challenge the chain of custody of that sample, raise the possibility of contamination at the scene or in the lab, or question the reliability of the test itself.
Defense Strategy: The Building Was Not a “Dwelling”
This defense applies specifically if you are charged under Subdivision 1. The definition of a “dwelling” is precise, and if the building does not meet that definition, the charge cannot stand.
- It Was an Uninhabitable or Commercial Property: If the building was an abandoned house, a structure under construction with no one living in it, or a building used exclusively for commercial purposes, it is not a “dwelling.” While burning such a building may be a lesser degree of arson, it is not First-Degree Arson under the dwelling subdivision. This can be a critical distinction.
Minnesota First-Degree Arson FAQs
When you are facing a charge of this magnitude, you have urgent and terrifying questions. Here are clear answers to some of the most pressing concerns.
Am I definitely going to prison if I’m convicted of First-Degree Arson?
Yes. A conviction for First-Degree Arson in Minnesota comes with a presumptive prison sentence under the state’s sentencing guidelines. Even with no prior criminal history, you would be facing years in prison. Probation is not an option for this offense. This is why fighting for an acquittal is essential.
What’s the difference between First, Second, and Third-Degree Arson?
The degrees are separated by the level of risk and danger involved. First Degree is the most serious and involves dwellings, occupied buildings, or the use of accelerants. Second Degree typically involves an unoccupied building with no accelerants. Third Degree involves arson of personal property (like a car) or setting any fire with the intent to defraud an insurer.
Do I really need a lawyer for an arson charge in Minneapolis?
Yes, absolutely and without hesitation. This is one of the most serious and complex felonies you can be charged with in Hennepin County. The state will assign experienced prosecutors and use a team of experts against you. Attempting to face this alone is a guaranteed path to a long prison sentence.
What if I owned the building I’m accused of burning?
It doesn’t matter. The arson statute applies whether the property belonged to you or another person. If you intentionally burn your own house or business, you can still be charged with First-Degree Arson. If the motive was to collect insurance, you could face additional charges for insurance fraud.
How do they prove I used an accelerant like gasoline?
Fire investigators will use specially trained dogs (accelerant detection canines) to search the scene for areas where flammable liquids may have been poured. They will take samples of debris from those areas and send them to a forensic lab for chemical analysis to identify the specific type of accelerant used.
What if the fire was an accident but I’m afraid to tell the truth?
You should never speak to fire investigators or police without an attorney present. It is my job to present your side of the story in a way that protects you. We can explain that the fire was accidental without you having to put yourself at risk of having your words twisted or misinterpreted by law enforcement.
Can I be convicted on circumstantial evidence alone?
Yes. Most arson cases are built on circumstantial evidence—things like motive (financial trouble, revenge), opportunity (you were near the scene), and evidence from the fire scene itself. It is my job to show the jury that the state’s circumstantial case does not rule out other reasonable, non-criminal explanations.
What is the first thing I should do if I am being investigated for arson?
You should say nothing to anyone and call a criminal defense attorney immediately. Do not speak to police, fire investigators, or insurance investigators. They are not on your side. Anything you say can and will be used to build a case against you.
What is an independent fire investigator?
An independent fire investigator is a private expert, often a former fire marshal or federal agent, that I can hire to work on your behalf. They will conduct their own scientific investigation of the fire scene to challenge the conclusions of the state’s expert and find evidence that supports our defense.
What if someone else was injured in the fire?
If another person suffers great bodily harm or death as a result of the fire, you could face additional, even more serious charges, such as felony assault or murder, on top of the arson charge. The stakes in these cases are incredibly high.
Will my insurance company pay for my defense?
No. A homeowner’s or business insurance policy does not cover the cost of defending you against criminal charges, even if the charges are related to the insured property.
If I am acquitted, can I still be sued by the property owner?
Yes. A criminal acquittal does not prevent a property owner from filing a separate civil lawsuit against you to try and recover damages. The burden of proof in a civil case is lower, so it is possible to win the criminal case but still face civil liability.
Can a mental health issue be a defense?
In some cases, yes. If a severe mental health issue prevented you from understanding the nature of your actions or that they were wrong, it could form the basis for a mental illness defense. This is a complex and highly specialized area of defense.
Does it matter if the building was only slightly damaged?
No. The statute says “destroys or damages.” Even a small, contained fire that causes minimal charring to a part of a dwelling is sufficient to support a charge of First-Degree Arson. The extent of the damage may impact sentencing but not the charge itself.
Can I pass a lie detector test to prove my innocence?
Polygraph (“lie detector”) results are generally not admissible as evidence in Minnesota courts. They are considered unreliable. Prosecutors and judges will not consider a polygraph result when making decisions about your case.
The Scorched Earth of an Arson Conviction
A conviction for First-Degree Arson will leave your life in ruins. The consequences are absolute, devastating, and permanent. It is a conviction that is nearly impossible to come back from.
Decades of Your Life Behind Bars
The primary consequence is the loss of your freedom. A conviction for this crime means a mandatory prison sentence, likely for many years. You will lose the most productive years of your life to the Minnesota Department of Corrections, separated from your family, your friends, and everything you have ever known.
The Permanent Brand of a Violent Felon
An arson conviction is classified as a violent crime. You will be branded for life as a violent felon. This label carries an immense stigma and will follow you everywhere. It will make it nearly impossible to reintegrate into society, as people will view you as dangerous and untrustworthy.
Career and Financial Obliteration
No employer will hire a convicted arsonist. Your professional life will be over. On top of that, the court will likely order you to pay restitution for the full value of the property destroyed, which could be hundreds of thousands or even millions of dollars. This is a debt that you can likely never repay, leading to a lifetime of wage garnishment and financial ruin.
The Complete Loss of Your Civil Rights
As a convicted felon in Minnesota, you will lose the right to vote while you are serving your sentence, the right to serve on a jury, and, most critically, your right to ever own or possess a firearm for the rest of your life. This is a permanent alteration of your status as a citizen.
Why You Need a Fearless Minnesota Arson Attorney
When you are facing a charge as powerful and complex as First-Degree Arson, you need a defense attorney who is not afraid to challenge the state at every turn, to question their experts, and to fight for you with everything they have. This is not a case for the timid or inexperienced.
Fighting Fire with Fire: Challenging the State’s Experts
Arson cases are won or lost on the strength of expert testimony. The state has its team of fire marshals and forensic lab technicians who will present a united front against you. You must counter this with your own credible expert. I have a network of respected, independent fire investigators and forensic experts who will work for you, scrutinizing the state’s work and providing the scientific evidence needed to build a powerful defense.
A Meticulous Investigation from Day One
The moments after a fire are critical. Evidence can be lost, witnesses’ memories can fade, and the scene can be altered. The moment you hire me, I will launch an immediate and thorough investigation. We will get our experts to the scene, we will interview all witnesses, and we will work to preserve all evidence that could be crucial to proving your innocence. In an arson case, swift action is essential.
Experience with High-Stakes Felonies Across Minnesota
I have the experience of defending clients against the most serious felony charges, including arson, in courtrooms from Hennepin County to the most rural parts of the state. I am not intimidated by aggressive prosecutors or the gravity of a 20-year felony charge. I understand the strategies, the science, and the courtroom dynamics necessary to fight and win a high-stakes case.
A Strategy Focused on Protecting Your Life
When you are facing a First-Degree Arson charge, there is only one acceptable outcome: a dismissal of the charges or a not-guilty verdict at trial. My entire focus will be on achieving that result. We will prepare your case for trial from the very beginning, signaling to the prosecutor that we will not back down. This is a fight for your life, and I will be your fearless advocate every step of the way.