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Is burning your own property considered arson?

On Behalf of | Nov 7, 2024 | Arson

Maryland prosecutors deal with those charged with arson very strictly. An arson charge is a serious offense that can affect your life adversely in many ways.

But what about setting fire to your own property? Can you still wind up in trouble?

The short answer is, “It depends”

Suppose you have an old shed on your property that’s falling apart. You decide that the best way to deal with the problem is to set it afire. After all, it’s yours and located on your own property.

But what if the fire gets out of control and spreads to others’ property, causing damage, you could wind up in the middle of an arson investigation.

Don’t burn marital property

When you are going through a divorce, there are often very negative emotions associated with the split. An angry spouse can be tempted to burn their spouse’s possessions out of hurt and rage. This, too, will open you up to an arrest.

Even burning property in which both spouses have an interest can wind up as an arson charge

There are valid defenses to arson charges

If you get picked up by police and charged with arson, your best move is to invoke your Fifth Amendment right against self-incrimination and ask to speak to a defense attorney before agreeing to answer any of their questions.

Even if you are not guilty, anything that you say to the police will be used as evidence against you. It is far better to refuse to respond to an interrogation and craft a defense strategy that could lead to an acquittal.