How Serious Is an Arson Charge in Texas?

 Posted on October 16, 2025 in Criminal Defense

Arson is a felony offense in Texas and is prosecuted very seriously. Even a small fire can lead to a long prison sentence, and certain factors can make the penalties even harsher. If you have been accused of arson, a Collin County, TX criminal defense attorney can help fight for your rights in court.

At The Crowder Law Firm, P.C., we have a long history of representing clients charged with serious crimes. Attorney Darlina C. Crowder has over 25 years of experience in criminal defense, and she has handled high-profile cases across the state of Texas with favorable results. We can help you navigate an arson charge, considering all possible defenses given the circumstances of your case.

What Qualifies as Arson Under State Law?

In Texas, the crime of arson is defined as setting a fire or setting off an explosion for the purpose of destroying or damaging protected property, including vegetation on open-space land (Texas Penal Code Sec. 28.02). Additionally, you could face criminal charges if you set a fire with reckless disregard for the safety of other people or property.

Even if you did not mean to commit arson, you may also face arson charges if you "recklessly start a fire" while manufacturing or attempting to manufacture a controlled substance, and the fire causes property damage to a building, vehicle, or habitation.

Aggravating Factors in an Arson Charge

Under most circumstances, arson is prosecuted as a felony of the second degree, carrying a prison sentence of two to 20 years, as well as a possible fine of no more than $10,000. However, you could face first-degree felony charges if anybody was injured or killed during the offense, or if you were accused of setting fire to a place of worship or assembly. 

First-degree felonies carry up to 99 years in prison. Avoiding these aggravated charges should be a top priority. A skilled attorney can look for ways to mitigate the charge or seek a dismissal of the case.

Defending Against Allegations of Arson in Texas

Under state law, you could avoid prosecution for arson if you can demonstrate that the alleged offense was in fact a legal controlled burning of open-space land. Similarly, if you had a permit or written authorization to set a fire or explosion within a city ordinance, you could assert that as a valid defense.

These are not the only applicable defenses to an arson charge. Depending on the exact nature of the offense, the burden is on the prosecution to prove that you intentionally, knowingly, or recklessly set off a fire or explosion. A defense attorney may be able to challenge the prosecution’s case by citing a lack of evidence or by arguing that your conduct did not meet the standard of the charge.

Meet With a Plano, TX Arson Defense Lawyer

If you have been accused of an arson charge in Texas, your freedom may be at immediate risk. The Crowder Law Firm, P.C. can fight to safeguard your rights. To schedule a free consultation with our Collin County, TX criminal defense attorney, call our offices at 214-544-0061 today.