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Can you face arson charges for burning an abandoned building?

On Behalf of | Aug 2, 2026 | Arson

You may be charged with arson for intentionally burning an abandoned building. A structure does not lose legal protection simply because nobody lives in it.

Under Maryland law, a vacant building remains a protected structure even when it appears unused or when nobody is inside. Your intent, ownership of the property and the risks created by the fire may all affect the charges at issue.

Why does abandoned property still “count”?

Abandoned does not necessarily mean ownerless. A vacant building may still belong to an individual or company. Entering it without permission may also support a trespassing charge.

Many arson laws cover structures without requiring them to be occupied. Prosecutors may focus on whether you deliberately started the fire or disregarded its likely consequences. They may use footage, witness accounts, physical evidence and your comments to determine what happened.

Even an owner cannot assume that burning a building is lawful. Local permits, fire codes, environmental rules and insurance laws may apply. A demolition fire conducted without authorization can create criminal and civil exposure.

What could affect the charges?

The exact charge and possible punishment may depend on several facts:

  • Whether anyone was inside or nearby
  • Whether a firefighter or another person was injured
  • Whether the flames spread to neighboring property
  • Whether insurance fraud was suspected
  • Whether you intended to cause damage

A fire that causes injury or places people at risk may lead to severe charges. You could also face responsibility for emergency response costs and property damage.

What should you do after an arrest?

Do not explain the incident to the police, an owner or an insurance representative before obtaining legal guidance. Statements intended to clear things up can become evidence.

A skilled legal representative can review whether the prosecution can prove intent and every required element. Therefore, it is crucial to seek guidance promptly so that footage, records and witness information can be preserved, and your legal defense strategy crafted with urgency.