Willful and Malicious Destruction and Arson are crimes of property damage or destruction under Michigan criminal law.
Arson can carry some pretty hefty prison terms, up to 20 years depending on the circumstances of the offense. If you are charged with arson or criminal mischief, you should have an experienced attorney who can help you get through the legal process. Call us for a consultation on your case.
If you willfully or maliciously destroy or injure the property of another you may be charged with this offense. The class of the crime and potential sentence depend on the property in question.
For “Burning of Personal Property”, “Willfully and Maliciously Setting Fire”, and “willfully and Malicious Destruction”:
| If the value of the property was: | Then you are facing a sentence of: |
|---|---|
| Less than $200 (misdemeanor) | Up to 93 days in jail and fines of up to $500 or 3 times the value of the property, whichever is greater |
| Between $200 and $1,000 (misdemeanor) | Up to 1 year in prison and fines of up to $2,000 or 3 times the value of the property, whichever is greater |
| Between $1,000 and $20,000 (felony) | Up to 5 years in prison and fines of $10,000 or 3 times the value of the property, whichever is greater |
| More than $20,000 (felony) | Up to 10 years in prison and fines of $15,000 or 3 times the value of the property, whichever is greater |
Second or subsequent offense charges of arson, burning, and malicious destruction will result in significantly harsher penalties. Please call us immediately to advise you on your defense for any 2nd or 3rd offense malicious destruction or related charges in Michigan.
If you maliciously burn a house, whether it is occupied or vacant, you could face this felony charge with a potential sentence of up 20 years in prison.
Anyone who burns any building, other than a home, can be charged and subsequently found guilty of this felony charge. The potential sentence for this offense is up to 10 years in prison. This statute also applies to someone burning their own property.
The potential sentence you face when charged with this offense, depends largely on what property was burned. It only applies, however, to property not mention in the above statutes.
If you use, arrange, or place an inflammable, combustible, or explosive material or any device in or near property with intent to willfully and maliciously set fire to or burn the building or property or if you assist someone else in the commission of the crime you can be charged with this offense.
If you burn insured property (whether it belongs to you or someone else), with the intention of defrauding the insured or collecting on the insurance policy, you may be charged with this felony. This offense carries a potential sentence of up to 10 years in prison.
If you set fire to grounds that are not your own, you will be charged with a felony and face a sentence determined by the judge.