On This Page
WHAT IS ARSON IN NEVADA?
Arson in Nevada is the willful and malicious burning of a building, structure, vehicle, or other property. Nevada law recognizes multiple degrees of arson based on the type of property burned and whether anyone was present.
WHAT THE PROSECUTION MUST PROVE
To convict you of Arson in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant willfully and maliciously set fire to or burned property
The property belonged to another person OR the defendant burned their own property to defraud an insurer
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR ARSON IN NEVADA
First Degree Arson (Occupied Structure)
Category A felony. 1 to 15 years in prison.
Second Degree Arson (Unoccupied Structure)
Category B felony. 1 to 10 years in prison.
Third Degree Arson (Vehicle or Personal Property)
Category C felony. 1 to 5 years in prison.
Fourth Degree Arson (Attempt)
Category D felony. 1 to 4 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending arson charges
Fire investigation is a specialized science, and arson investigators sometimes reach incorrect conclusions. Expert fire investigators can challenge the prosecution's determination that a fire was intentionally set.
Insurance fraud arson — burning your own property to collect insurance — is prosecuted aggressively. The prosecution will scrutinize your financial situation and insurance policy carefully.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO ARSON
Every case is unique, but these are the defenses most commonly raised in arson cases in Nevada:
Accidental fire — no willful or malicious intent
Challenging the fire investigation methodology
Mistaken identity
Insufficient evidence of intentional burning