Yes, arson is a serious charge in New Mexico.
State law classifies Arson as anywhere from a petty misdemeanor to a second-degree felony. The classification depends upon the facts of the case, including the amount of damage caused, structure type, intent, and whether bodily harm or death was involved.
In This Article
A New Mexico arson defense lawyer discusses how New Mexico laws define arson, penalties associated with a conviction, and what you should know about defending these charges.
How Do NM’s Criminal Laws Define Criminal Arson?
Per NMSA § 30-17-5, our state’s criminal laws define arson as meeting the following elements:
- Element 1. Maliciously or willfully starting a fire or explosion; and
- Element 2: With the purpose of destroying or damaging a/an:
- A building, occupied structure, or other person’s property; or
- A bridge, utility line, fence, or sign; or
- Any property to collect insurance for losses.
“Occupied structure” is somewhat vague terminology. New Mexico statutes specifically define it as an airplane, boat, car, trailer, structure, or place used for property storage and accommodations, whether or not the owner is present.
What Is Negligent Arson?
New Mexico laws also define negligent arson under this statute, which consists of someone who recklessly or carelessly starts a fire or explosion on another’s property. It may be construed as a criminal offense when the negligent fire or explosion causes:
- Death another person; or
- Bodily injury of another person; or
- Damaging another’s building or occupied structure
- Destroying another’s building or occupied structure
Basically, the law says there are criteria for when an arson accident is not “just an accident” and bleeds over to the side of criminal negligence. In this case, it’s when a negligent act causes significant harm or destruction to a person or place.
New Mexico’s Arson and Negligent Arson statute are available here.
What Is Aggravated Arson?
You may face simple or aggravated arson charges if you are arrested for starting a fire. There is a difference between the two that we discuss below.
New Mexico criminal statutes set aside special rules for aggravated arson cases under NMSA § 30-17-6 and defined as intentionally or maliciously starting a fire or explosion to any of the following that causes great bodily harm, including death:
- Aircraft
- Bridge
- Communication line
- Communication structure
- Dwelling
- Pipeline
- Private building
- Public building
- Railway structure
- Utility line
- Vehicle
- Watercraft
- Other structure
Aggravated arson is the deliberate and malicious intent to cause property damage through explosions or fire and harm others. The most significant difference between simple and aggravated arson is that simple involves common structures, whereas aggravated involves essential public or commercial property.
Is Arson a Felony in New Mexico?
Arson can be a felony in New Mexico. It depends upon the value of the damage caused. For example, damage worth less than $250 is a petty misdemeanor. In contrast, damage exceeding $20,000 is a second-degree felony.
Related Article: What Is a Felony in New Mexico?
What Is the Punishment for Arson in New Mexico?
The punishment for arson in New Mexico depends upon the classification of the offense. The crime classification determines the punishment if the case results in a conviction.
Below, we’ve outlined how our state classifies and punishes arson and negligent arson charges:
- Negligent arson. Fourth-degree felony: Up to eighteen (18) months in prison and a fine of $5,000
- Aggravated arson. Second-degree felony: Up to fifteen (15) years in prison and a fine of $12,500
- Arson (<$250). Petty misdemeanor: Up to 182 days in jail and a fine of up to $500
- Arson ($250 – $500). Misdemeanor: Up to 364 days in jail and a fine of up to $1,000
- Arson ($500 – $2,500). Fourth-degree felony: Up to eighteen (18) months in prison and a fine of $5,000
- Arson ($2,500 – $20,000). Third-degree felony: Up to three (3) years in prison and a fine of $5,000 or, for causing a death, up to six (6) years in prison and a fine of $5,000
- Arson (>$20,000). Second-degree felony: Up to nine (9) years in prison and a fine of $10,000 or, for causing a death, up to fifteen (15) years in prison and a fine of $12,500
Other potential penalties for arson charges include:
- Probation or Parole: If granted probation or upon release from prison, you will have to report to Probation and Parole for supervision.
- Victim restitution: You may have to pay back the property owner what you owe them in fire or explosion damages, which could result in tens of thousands of dollars
- Civil penalties: Injury victims may also pursue personal injury and/or other civil claims. A criminal court conviction may be used to help establish the plaintiff’s civil lawsuit.
As you can see, any arson conviction can result in expensive fines and jail time. These charges are no joke and can affect the rest of your life. Before your next hearing, make sure you discuss your case with a New Mexico arson defense attorney.
Related Article: What Is a Misdemeanor in New Mexico?
Arrested for Arson in New Mexico? Get a Free Case Strategy Session Now
If you or a loved one has been arrested for arson, it is vital to understand that these charges are serious. Arson convictions carry harsher penalties and long-term consequences than you may realize. Hiring a New Mexico arson defense lawyer can help you fight your charges and protect your legal rights throughout the process.
You can count on our legal team to devise a strategy that pursues your objectives while keeping you informed. Call Grano Law Offices, P.C. for a FREE Case Strategy Session Now at (505) 426-8711 or message Marc A. Grano via the contact form below. This is your opportunity to learn about your legal options in a no-cost, no-obligation setting.
