Is arson a felony or misdemeanor?

Arson is a serious crime in Louisiana. In most cases, it’s treated as a felony, not a misdemeanor. The sentence can be long, especially if someone is hurt or killed, or if the fire causes major property damage. Understanding how Louisiana divides arson into degrees can help you understand what potential penalties you could face.

If you’ve been accused of setting a fire or causing an explosion, you need help from an experienced Lake Charles criminal defense attorney. They can review your case and explain your options under Louisiana law.

What does it mean to be charged with arson in Louisiana?

Under Louisiana Revised Statutes § 14:51–14:52, a person commits arson when they intentionally set fire to or cause an explosion that damages another person’s property, home, or business. You can be charged even if no one was hurt or if the fire didn’t destroy the entire structure. What matters is the intentional burning and the property damage.

What are the degrees of arson?

Louisiana law separates arson into two main felony categories:

1. Aggravated arson: occurs when someone intentionally sets fire to a structure or dwelling, and another person is inside or nearby. This is the most serious arson charge.
2. Simple arson: involves setting fire to property without the intent to harm someone. It’s still a felony, but the penalties are less severe.

Each degree of arson has different penalties, depending on the extent of the damage and the risk to human life.

What are the penalties for aggravated arson?

Aggravated arson is defined in La. R.S. § 14:51. It applies when someone intentionally sets fire to an inhabited structure or vehicle, placing lives in danger.

If convicted, you could face:

• Up to 25 years in prison, with at least two years served without benefit of parole, probation, or suspension of sentence
• Heavy fines and restitution for property damage

If anyone dies as a result of the fire, prosecutors may pursue additional charges, such as second‑degree murder or manslaughter.

What are the penalties for simple arson?

Simple arson is covered under La. R.S. § 14:52. The punishment depends on the value of the property damaged:

• Damage under $500: a misdemeanor punishable by a fine and up to six months in jail
• Damage of $500 or more: a felony, punishable by up to 15 years in prison and large fines

Even if no one was injured, courts take these crimes seriously because fires can quickly spread and endanger entire buildings and neighborhoods.

What happens if someone is injured or killed in the fire?

If a person is injured, the charge becomes more severe. The prosecutor may pursue a sentence of 25 years or longer, depending on the injuries.

If someone dies, it may lead to wrongful death or homicide charges. In either case, the penalties are life‑changing, and you’ll need a strong defense to challenge the allegations.

Can a person be charged if the fire was an accident?

Yes, but it depends on intent. To be convicted of arson, prosecutors have to prove that you intentionally set the fire or caused an explosion. If the fire started because of negligence, like leaving a candle burning or a faulty appliance, it’s not usually considered arson.

Prosecutors sometimes file charges even when the cause of the fire is not clear. A defense lawyer can help you gather expert testimony to show if the fire was accidental or deliberately set.

What defenses are available in an arson case?

Every arson case is different, but common defenses include:

• Lack of intent: showing the fire was accidental or unintentional
• Insufficient evidence: challenging weak or flawed fire‑investigation reports
• Mistaken identity: proving you weren’t at the scene or didn’t start the fire
• Constitutional violations: contesting improper searches or forced statements

An experienced attorney can review the evidence and develop a strategy to fight the charges.

Is arson always a felony?

Most arson charges in Louisiana are felonies, especially when the property damage exceeds $500 or someone’s life is put at risk.

Only minor property‑damage cases under $500 may be treated as misdemeanors, but even those can leave a criminal record that follows you for years.

What should you do if you’re charged with arson?

If you’ve been accused of arson, stay calm and don’t talk to police investigators without a lawyer. Anything you say could be used against you.

Reach out to a criminal defense lawyer who understands Louisiana arson laws and the local court system. 

Talk to The Johnson Firm about your arson charges

Facing an arson charge in Louisiana is serious, but you don’t have to face it alone. The Johnson Firm has defended people throughout Southwest Louisiana for decades. We’ll take the time to understand your case and build the strongest possible defense.

Call (337) 433-1414 or contact us online to speak with our team. We’ll explain your options and fight to protect your future.