The Three Levels of Arson in Pennsylvania

Posted by Joseph D. Lento | Jun 30, 2019 | 0 Comments

News reports in Philadelphia covered an apparent arson in Pine Hill, New Jersey: a playground had caught fire, and the flames spread to a nearby concession stand. While police have not yet ruled it arson and the incident happened on the wrong side of the river, the incident does shed light on Pennsylvania's arson laws.

Playground Catches Fire in Apparent Arson

Fire trucks responded to the Charles Bowen Recreational Complex early in the morning of June 22, 2019, to find the playground there in flames. Before they could contain the fire, it had spread to the nearby concession stand and caused some damage there, as well.

In all, it is estimated that the fire cost around $75,000 in damage.

Police suspect that the fire was intentionally set.

Pennsylvania's Arson Laws

Arson is the act of intentionally creating a fire or an explosion.

However, Pennsylvania recognizes three different levels of arson.

The first and most severe include endangering someone else through reckless or intentional conduct, including by purposely damaging an inhabited building. These offenses are first degree felonies.

The second level of arson involves intentionally damaging an unoccupied building, setting fire to a building in order to collect insurance money, recklessly putting an occupied building in danger, or intentionally damaging any historic building. These offenses are second-degree felonies.

Finally, the third level of arson involves recklessly putting an uninhabited building, structure, car, vehicle, or other personal property worth more than $5,000. These offenses are third-degree felonies.

Penalties for Arson

Depending on the level of arson that gets charged, the penalties range from significant to very severe.

  • First-degree felony arson carries up to 20 years in jail and up to $25,000 in fines
  • Second-degree felony arson can carry up to 10 years in jail and $25,000 in fines
  • Third-degree felony arson can come with up to 7 years in jail and up to $15,000 in fines

The Two Big Factors: Intent and Inhabited Buildings

As you can see, the law in Pennsylvania focuses on whether the fire or explosion was set or created intentionally or merely recklessly, and on whether there was anyone living or even present in the building or structure that was damaged by the flames.

In this case, prosecutors may try to pursue the second-degree felony version of Pennsylvania's arson laws because the fire apparently spread to the concession stand in the park – an “unoccupied building” in the eyes of the law. Prosecutors, however, would have to prove that the spread of the fire to the concession stand was intentional, rather than merely reckless, in order to get a conviction for the second-degree felony.

A skilled criminal defense lawyer would advance evidence that there was no intent for the fire to spread to the concession stand, drastically reducing the penalties that would come with a conviction.

Joseph D. Lento: Criminal Defense in Philadelphia

Joseph D. Lento is a criminal defense lawyer in Philadelphia. Contact him online or call his law office at (215) 535-5353 if you have been accused of arson or any other crime in the area.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.