Fourth-Degree Arson in Minnesota

Charged with Arson in a Public or Residential Building? A Minnesota Lawyer Explains Your Rights Under § 609.5631

It might have started as a stupid prank, a moment of anger, or a thoughtless act you never imagined would spiral this far. Now, you’re facing a criminal charge for Fourth-Degree Arson in Minnesota. The words on the charging document feel foreign and frightening. You’re not a hardened criminal. You never intended to cause serious harm. Yet, here you are, caught in a legal system that feels designed to chew you up and spit you out. The threat of jail time, a criminal record, and thousands of dollars in fines is suddenly very real, and the weight of it all is suffocating.

Perhaps you’re a college student accused of setting a fire in a dorm room in Minneapolis. Maybe you were involved in a heated argument in a St. Paul apartment building that ended with something burning in the hallway. Or you could be accused of setting a small fire in the bathroom of a bar in Duluth or a hotel in Rochester. Whatever the specifics, the prosecution is going to paint you as a danger to the community. They don’t care if it was a mistake. They don’t care about your side of the story. Their job is to secure a conviction, and they will use every resource at their disposal to do it.

You do not have to let them define your future. You have the right to fight back, and you don’t have to do it alone. I have defended people from all walks of life against serious criminal charges across the entire state of Minnesota. From the urban centers of Hennepin and Ramsey County to the communities of Maple Grove, Bloomington, and St. Cloud, I understand how prosecutors work and how to build a defense that protects your rights and your future. This is a serious charge, but it is not a hopeless situation. It’s time to start fighting.

More Than Just a Small Fire: Understanding the Core of a Fourth-Degree Arson Charge

When you read “Fourth-Degree Arson,” you might think it’s a minor offense. That’s a dangerous mistake. In Minnesota, this charge is what’s known as a “gross misdemeanor,” a serious crime that carries the potential for jail time and a lasting criminal record. What makes this charge unique isn’t necessarily the amount of damage you’re accused of causing, but where the fire occurred. The law specifically targets fires set to personal property within two sensitive types of locations: multiple-unit residential buildings (like apartments and dorms) and public buildings (like hotels, restaurants, schools, and hospitals).

The state created this law because even a small, contained fire in a crowded building can cause panic and pose a significant risk to many people. Therefore, a Minnesota Fourth-Degree Arson charge isn’t about burning down a building; it’s about the reckless endangerment implied by starting a fire—any fire—in a place where many people live, work, or gather. Facing this accusation means the prosecutor believes they can prove you intentionally set fire to an object in one of these specified locations, regardless of whether you meant for it to spread or cause widespread harm.

The Law Itself: Minnesota Statute § 609.5631

To defend your rights, you must first understand the exact law the state is using against you. Your case is built around the language in Minnesota Statute § 609.5631. It’s crucial that you read and understand the precise definitions and descriptions it contains. Knowledge is power, and this is the foundation of the legal battle ahead.

Here is the exact text of the statute:

609.5631 ARSON IN THE FOURTH DEGREE.

Subdivision 1. Definitions.

(a) For purposes of this section, the following terms have the meanings given.

(b) “Multiple unit residential building” means a building containing two or more apartments.

(c) “Public building” means a building such as a hotel, hospital, motel, dormitory, sanitarium, nursing home, theater, stadium, gymnasium, amusement park building, school or other building used for educational purposes, museum, restaurant, bar, correctional institution, place of worship, or other building of public assembly.

Subd. 2. Crime described.

Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any personal property in a multiple unit residential building or public building and arson in the first, second, or third degree was not committed is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

The Prosecutor’s Checklist: Every Element They Must Prove

The prosecutor carries the entire burden of proof in your case. To get a conviction for Fourth-Degree Arson, they must prove every single one of the following elements to a jury beyond a reasonable doubt. My job is to analyze their case, identify the weakest links in their chain of evidence, and build a defense that creates that doubt. If they fail to prove even one of these elements, you cannot be found guilty.

• IntentionallyThis is the most critical element. The prosecutor must prove that it was your conscious objective to set fire to the property in question. A fire that starts by accident does not qualify. If you negligently knocked over a candle, carelessly dropped a cigarette, or had a cooking mishap that caused a fire, you did not act “intentionally” under the legal definition. Your state of mind is central to the case, and I will aggressively challenge any attempt by the prosecution to portray an accident as a deliberate criminal act.
• By Means of Fire or ExplosivesThe state must prove that the burning was caused by fire or explosives that you set or ignited. This element seems straightforward, but it can be a point of contention. Fire investigators must determine the origin and cause of the fire. We can challenge their findings by questioning their methods, highlighting inconsistencies in their reports, or hiring an independent expert to prove that the fire could have been started by another source, such as faulty wiring or a chemical reaction, rather than a deliberate act on your part.
• Sets Fire to or Burns Personal PropertyThis charge is specific to personal property. This means you are accused of burning a movable object, not the building itself. Examples include setting fire to a backpack, a pile of clothes, a trash can filled with paper, a poster on a wall, or a piece of furniture. If the fire damages the building’s structure, you would likely be facing more serious felony arson charges. Our defense can focus on the nature of the property and whether the state can definitively prove you were the one who burned it.
• In a Multiple-Unit Residential or Public BuildingThe location of the alleged crime is what elevates this act to a gross misdemeanor. The prosecution must prove that the fire occurred inside one of the specific types of buildings listed in the statute—an apartment building, a dorm, a hotel, a school, a restaurant, etc. I will scrutinize the facts to see if the location truly qualifies under the law. For instance, a fire in the parking lot of an apartment complex may not meet the statute’s requirement of being “in” the building.
• Arson in the First, Second, or Third Degree Was Not CommittedThis element confirms that Fourth-Degree Arson is a specific charge for situations that don’t meet the criteria for the more severe felony levels. It’s designed to penalize the act of starting a fire in a high-occupancy location, even if no one was hurt and the building wasn’t significantly damaged. This element essentially defines the charge by what it is not, making it a catch-all for dangerous but less destructive fires in sensitive places.

Even a Gross Misdemeanor Can Disrupt Your Life: Penalties for a Conviction

Do not underestimate the impact of a gross misdemeanor conviction. While it is not a felony, it is a serious crime that will follow you for years to come. A Fourth-Degree Arson conviction in Minnesota can result in significant jail time, steep fines, and a damaging criminal record that affects your ability to find work, secure housing, and move on with your life. The penalties are designed to be harsh, which is why a powerful defense is so critical.

Gross Misdemeanor

Under Minnesota Statute § 609.5631, Fourth-Degree Arson is a gross misdemeanor. If you are convicted, the judge can sentence you to:

• Jail: Up to 364 days in the county jail.
• Fines: Up to $3,000.
• Probation: A period of supervised probation, which can include conditions like chemical dependency treatment, anger management classes, and restitution to any victims.

The sentencing for arson in Minnesota is no small matter. Prosecutors in Eagan, Brooklyn Park, and across the state will push for a conviction, but a strategic defense can help you avoid these severe consequences.

From College Pranks to Heated Moments: Real-World Examples

A Fourth-Degree Arson charge can arise from a wide variety of situations, many of which involve a single moment of incredibly poor judgment rather than a plan to cause harm. These are not abstract legal theories; they are real-life scenarios that unfold in communities all over Minnesota. Recognizing how your situation fits—or doesn’t fit—these examples is a key part of building your defense.

You may feel like you’re the only one this has ever happened to, but these charges are more common than you think. The prosecution will try to make you sound like a menace, but often, the reality is far more complicated and far more human.

The College Dorm Room Incident

A student at a university in St. Cloud is having a party in their dorm room. As a prank, another student uses a lighter to set fire to a decorative tapestry on the wall. It quickly ignites, and they have to use an extinguisher to put it out, filling the hallway with smoke and triggering the fire alarm. Because a dorm is a “public building” and the tapestry is “personal property,” this student is charged with Fourth-Degree Arson.

The Apartment Building Dispute

Two neighbors in a Plymouth apartment complex have an ongoing feud. After a heated argument in the hallway, one person goes back to their apartment, grabs a newspaper, and sets it on fire in front of the other’s door. The fire burns out on the concrete floor without spreading, but it was an intentional act of setting fire to personal property within a “multiple unit residential building,” leading to an arrest.

The Hotel Room Mishap

A person staying in a motel in Eagan for a work conference gets frustrated and angry after a bad phone call. In a moment of rage, they light some papers on fire in the metal trash can in their room. They don’t intend to burn the building down, but the smoke triggers the alarm system, forcing an evacuation. This act is a textbook example of Fourth-Degree Arson.

The Restaurant Bathroom Vandalism

Someone at a bar in downtown Minneapolis is kicked out for being unruly. On their way out, they go into the bathroom and use a lighter to set the paper towel dispenser on fire. An employee smells the smoke and puts it out quickly, but the damage is done. A restaurant is a “public building,” and the act was intentional, resulting in a Fourth-Degree Arson charge.

Fighting Back: How We Can Challenge Your Fourth-Degree Arson Charge

An arrest is not a conviction. The police report and the prosecutor’s complaint are just one side of the story—their side. It is my job to tell your side and to force the court to see the holes in the state’s case. Never assume the evidence is airtight. Eyewitnesses make mistakes, police conduct illegal searches, and prosecutors often overcharge in an attempt to scare you into a bad plea deal. A proactive, aggressive defense is the only way to protect yourself.

I will dissect every piece of evidence, from the initial 911 call to the final police report. I will investigate every witness and challenge every legal assumption the prosecutor makes. Our goal is to create reasonable doubt and show the judge or jury that the state simply cannot prove its case against you. There are many avenues for a successful defense, and we will explore every single one of them.

Defense Strategy: It Was an Accident, Not an Intentional Act

The foundation of the state’s case is intent. If you didn’t act intentionally, you didn’t commit arson. I will work to gather evidence that proves the fire was accidental, undermining the very core of the prosecutor’s argument.

• Negligent Act: Perhaps you fell asleep with a lit cigarette, knocked over a candle during an argument, or left a cooking project unattended. These are careless acts, but they are not the same as intentionally setting a fire. We can use your testimony and the physical evidence to demonstrate this was a tragic mistake, not a crime.
• Lack of Motive: Why would you intentionally set a fire? In many cases, there is no logical reason. We can highlight your clean record, your stable life, and the absence of any motive for revenge, fraud, or vandalism to show that the accusation makes no sense.
• Forensic Evidence: We can use expert analysis to show that the fire pattern is consistent with an accidental cause, such as an electrical short or a malfunctioning device, directly contradicting the state’s theory of an intentional act.

Defense Strategy: You Were Falsely Accused or Misidentified

It’s a terrifying thought, but people are often wrongly accused of crimes, especially in chaotic situations. If you are the victim of a false accusation or mistaken identity, we will fight to expose the truth and clear your name.

• Mistaken Eyewitness: In a dark, smoky hallway, it’s easy for a witness to mistake one person for another. We will challenge the reliability of any eyewitness identification by highlighting poor lighting, the witness’s state of panic, or any inconsistencies in their description.
• Motive of the Accuser: Is the person pointing the finger at you an angry ex-partner, a rival, or someone else with a reason to lie? We will investigate your accuser’s background and motivations to expose any bias that could prove they are fabricating the story to hurt you.
• Solid Alibi: We will work to establish a rock-solid alibi that proves you were somewhere else when the fire started. This can be done through phone GPS records, credit card receipts, security camera footage from another location, or testimony from credible alibi witnesses.

Defense Strategy: The Building Doesn’t Legally Qualify

The law is extremely specific about where this crime can occur. The state must prove the location was a “public building” or a “multiple unit residential building” as defined by the statute. If the location doesn’t fit the legal definition, the charge must be dismissed.

• Not a Public Building: Perhaps the fire was in a private office or a section of a building not open to the public. We can argue that the specific location does not meet the statutory requirement of being a place of “public assembly.”
• Not a Multiple-Unit Building: The statute requires a building with “two or more apartments.” A fire in a duplex you share with one other family might be challenged on these grounds, depending on the building’s legal classification. This technical defense requires a deep understanding of property law and the statute’s intent.

Defense Strategy: The Evidence Against You Was Obtained Illegally

The Constitution protects you from unlawful actions by the police. If law enforcement violated your rights while investigating your case, the evidence they gathered can be thrown out of court. This is called the “exclusionary rule,” and it is a powerful tool for defending your freedom.

• Illegal Search: Did the police search your apartment, car, or person without a valid warrant or probable cause? If so, any evidence they found during that illegal search is inadmissible in court.
• Coerced Confession: Did the police question you without reading your Miranda rights? Did they pressure, trick, or threaten you into making a confession? If your statements were not voluntary, they can be suppressed and cannot be used against you.

Minnesota Fourth-Degree Arson FAQs — Your Pressing Questions Answered

Will I go to jail for Fourth-Degree Arson?

It’s possible. As a gross misdemeanor, the charge carries a maximum sentence of 364 days in jail. However, a conviction does not automatically mean jail time. A strong defense can often lead to alternatives like probation, community service, or a dismissal, helping you avoid incarceration entirely.

What is the difference between arson and just “criminal damage to property”?

The key difference is the use of fire. Criminal damage to property involves damaging property through other means. Arson specifically requires the use of fire or explosives. Fourth-Degree Arson is further distinguished by its location requirement—a public or multi-unit residential building.

Can a Fourth-Degree Arson charge be dismissed?

Yes. A dismissal is often the primary goal of a strong defense. We can seek a dismissal if the prosecutor lacks sufficient evidence, if critical evidence is suppressed due to a rights violation, or if we can proactively present evidence of your innocence.

Do I really need a lawyer for a gross misdemeanor in Minnesota?

Absolutely. A gross misdemeanor is a serious crime that leaves a permanent mark on your record. It can impact your job, your housing, and your reputation. Navigating the court system in Minneapolis, St. Paul, or any Minnesota jurisdiction without an experienced attorney is a risk you cannot afford to take.

How will a Fourth-Degree Arson conviction affect my record?

A conviction will appear on any criminal background check conducted by employers, landlords, and licensing agencies. It can be a significant red flag that leads to lost opportunities. While some misdemeanors can be expunged later, it’s a difficult process. Preventing the conviction is always the best strategy.

What if the fire was just a prank that went wrong?

Your intent matters, but “it was a prank” is not a legal defense on its own. The prosecutor will argue that you still intentionally set the fire, even if you didn’t intend the consequences. A skilled attorney can frame the context of the “prank” to argue that you lacked the specific criminal intent required for a conviction.

Can I be charged if nothing of value was burned?

Yes. Unlike felony arson charges, Fourth-Degree Arson does not have a minimum property value requirement. The crime is setting fire to any personal property in a specified location. Burning a piece of paper in a hotel hallway is enough to trigger the charge.

What should I do if police or fire investigators want to talk to me?

Politely decline to answer any questions and state clearly, “I am going to remain silent, and I want a lawyer.” Do not try to explain yourself or prove your innocence. Anything you say can be twisted and used against you. Call an attorney immediately.

What is a “continuance for dismissal”?

This is a favorable outcome where your case is put on hold for a period (usually a year). If you follow certain conditions, like staying out of trouble, the charge is dismissed at the end of the period, leaving you without a conviction. This is an outcome I frequently fight for in these types of cases.

Can I be charged if I put the fire out myself?

Yes. The crime is setting the fire intentionally. The fact that you extinguished it quickly might help in negotiating with the prosecutor or at sentencing, but it doesn’t erase the initial criminal act in the eyes of the law.

What if I was drunk when the incident happened?

Voluntary intoxication is generally not a defense to a crime in Minnesota. The law presumes you are responsible for your actions, even if you were under the influence. However, the facts surrounding your intoxication can sometimes be used to argue that you were unable to form the “specific intent” required for the crime.

How is this different from felony arson?

Felony arson charges (First, Second, and Third Degree) typically involve much greater danger or damage. This includes burning a dwelling, causing great bodily harm, burning a building and causing more than $2,500 in damage, or burning property to commit insurance fraud. Fourth-Degree Arson is for fires that don’t meet those higher thresholds but still occur in dangerous locations.

Will this charge affect my apartment lease?

Yes. Most rental applications ask about criminal convictions, and many landlords will not rent to someone with an arson-related offense on their record, even if it’s a misdemeanor. A conviction could lead to an eviction or make it very difficult to find new housing.

Can I challenge the fire investigator’s conclusions?

Absolutely. Fire science is complex, and investigators can make mistakes. I often work with independent fire experts to review the evidence, analyze the burn patterns, and provide a second opinion that can challenge the state’s entire case.

Why is a fire in a dorm or apartment treated so seriously?

The law reflects the high risk involved. A small fire in a multi-story building with dozens or hundreds of residents can quickly turn into a mass-casualty event. The law is designed to punish the act of creating that risk, even if disaster was averted.

The Lingering Shadow of a Criminal Record

A conviction for Fourth-Degree Arson is more than just a punishment—it’s a permanent label that can hold you back for the rest of your life. The collateral consequences are severe and long-lasting, affecting your ability to provide for your family and pursue your goals. You are fighting for more than just your freedom; you are fighting for your future.

Your Career and Job Prospects

Imagine trying to explain an arson conviction in every job interview. Many employers will simply discard your application without a second thought, especially for positions that require trust or handle sensitive information. You may be barred from obtaining professional licenses in fields like healthcare, education, or real estate. This conviction could close doors to careers you have worked your entire life to build.

Trouble with Housing and Leases

Landlords have a responsibility to keep their tenants safe. When they run a background check and see an arson charge, they will likely view you as a massive liability. They will wonder if you might endanger their property and their other tenants. This can make finding a safe, affordable place to live for you and your family an exhausting and often fruitless struggle.

Barriers to Education and Financial Aid

If you are a student or plan to return to school, a criminal record can be a major obstacle. Colleges and universities may reject your application based on a conviction, and you could become ineligible for certain types of federal student loans, scholarships, and grants. The path to bettering yourself through education could be blocked.

Potential Immigration Consequences

For non-U.S. citizens, any criminal conviction can have devastating immigration consequences. While a gross misdemeanor is not automatically a deportable offense, it can be considered a “crime involving moral turpitude” (CIMT). A CIMT can make you ineligible to adjust your status, renew a visa, or apply for citizenship. In some cases, it can even lead to removal proceedings.

Why an Aggressive Defense Is Your Only Option

When you are facing the power of the state, you cannot afford to be passive. The prosecutor has a single goal: to convict you. You need an advocate with a single goal: to defend you. Choosing the right attorney is the most important decision you will make in this entire process.

The Advantage of a Focused Private Attorney

Public defenders are dedicated lawyers, but they are often overwhelmed with impossible caseloads. They may not have the time or resources to give your case the deep, personal attention it deserves. As your private attorney, your case is my priority. I will have the time to investigate every lead, the resources to hire the best experts, and the focus to build a defense strategy tailored specifically to you.

Every Second Counts: The Importance of Acting Fast

The time immediately following an arrest is the most critical phase of your defense. By getting involved early, I can preserve evidence that might otherwise disappear, interview witnesses while their memories are still sharp, and open a line of communication with the prosecutor before they become entrenched in their position. Most importantly, I can prevent you from making any mistakes—like talking to the police—that could irreparably harm your case.

Navigating the Local Minnesota Court System

I have fought for clients in courtrooms all across Minnesota. I know that the legal culture in Minneapolis is different from that in Duluth, and a strategy that works in Ramsey County might need to be adjusted for a case in Olmsted County. I understand the local judges, prosecutors, and procedures. This on-the-ground experience allows me to anticipate the prosecution’s moves and build a defense that resonates with the specific court handling your case.

A Relentless Pursuit of the Best Possible Outcome

Success in a criminal case can take many forms. The ultimate goal is always a full dismissal or an acquittal at trial. But a win can also be a strategic negotiation that reduces a gross misdemeanor to a petty misdemeanor, saving your record. It can be securing a stay of adjudication or a continuance for dismissal, which results in no conviction at all. I will leave no stone unturned in my fight to achieve the best possible result for you, so you can put this nightmare behind you and move on with your life.