How Much Time Will I Serve for Arson?

Under federal law, an arson conviction can carry up to 10 years in federal prison, even if no one was hurt and the defendant set fire to their own property. The overwhelming majority of defendants convicted of arson will receive at least some prison time. The court may also issue fines and restitution according to the value of the property destroyed by fire.

A defendant accused of arson often also faces additional charges such as murder, involuntary manslaughter, insurance fraud, and others. This can dramatically increase the potential sentence. If someone is killed in an intentionally set fire, for example, the accused can face life in prison or even the death penalty.

This article looks at sentences issued in federal courts across the country for arson. It is not intended as legal advice or to predict any particular sentence. Federal judges determine sentencing according to the unique circumstances of every case. The data does provide examples of the kinds of sentences issued for arson and discusses broad takeaways.

You can also find visual representations of the notable statistics and information on federal sentencing for arson by following the link below:

When Is Arson a Federal Crime?

Anyone who intentionally sets fire to any property used in interstate or foreign commerce is guilty of a federal crime. It is also a federal crime to set fire to or bomb any federal property or building.

Federal law views more properties as involved in interstate commerce than is immediately obvious. For example, a restaurant serving interstate travelers — even if it is well within the state’s borders — could be considered involved in interstate commerce. Because of this, a number of criminal defendants are sentenced in federal court for arson every year.

About the Data

The United States Sentencing Commission (USSC) tracks sentencing for all federal courts. The data in this article is taken directly from the USSC. As previously noted, many defendants accused of arson are charged with additional crimes. The data in this article does not include information about additional criminal charges facing defendants sentenced for arson.

Most prosecutions for arson occur at the state, not federal, level. State arson laws vary in specifics, but, in essence, any person who intentionally sets fire to a building, whether their own or another’s, can be prosecuted for arson. As with federal courts, state courts issue significant penalties for arson. This article does not include statistics on state crimes. The USSC does not track individual state sentencing statistics.

Federal Sentencing Statistics By Jurisdiction

In many federal jurisdictions there were no federal prosecutions for arson in 2019. The below table has the number of sentences issued by federal courts in 2019. If a state or U.S. territory is not listed, it means there were no convictions or guilty pleas in 2019.

Federal courts imposed significant sentences on criminal defendants who were convicted or pleaded guilty to arson. Defendants received anywhere from one to 35 years in federal prison.

The reason for the wide disparity in sentencing is because many factors can influence sentencing for arson. For example, courts will weigh the injury risk involved in setting the fire. Someone who sets fire to an occupied building will get more time than someone who sets fire to their own abandoned property. Whether the arsonist attempted to commit insurance fraud can also affect sentencing.

The below table indicates average sentence length for federal arson convictions by state.

Any broad takeaways about variances between states should be made cautiously. For example, the federal district court in Maryland issued only one sentence in 2019 for arson, and sentenced the defendant to 35 years in prison. That sentence was vacated in part on appeal in 2020. The Fourth Circuit Court of Appeals held in that case that since the arsonist set fire to his own property, it was not a crime of violence, and sent the case back down for resentencing. A full discussion of that case and when arson is a crime of violence is beyond the scope of this article, but it serves to show that sentencing for arson can be complex. With relatively few prosecutions in federal court for arson, any case with unusual circumstances can affect the overall data.

Most Federal Arson Convictions Bring Prison

Regardless of jurisdiction, and whether in state court or federal, arson is a serious charge. Congress has set the minimum penalty for federal criminal arson at five years in federal prison. The table below shows that prison is the most likely outcome of a federal arson conviction. “Prison + confinement conditions” mean that the defendant will receive parole or another form of conditional early release after a period of incarceration.

Most Defendants Plead Guilty to Arson in Federal Court

As with most federal charges, defendants accused of arson largely pleaded guilty. Of the 68 sentences issued in federal courts in 2019, 58 resulted from a guilty plea. Nine defendants were convicted in a jury trial, and one was convicted in a bench trial.

Also typically of federal court, those who were convicted at trial received much higher sentences.

There was only one case decided by bench trial, so we cannot read too much into the lower sentence in that case. However, most federal crimes will bring a lengthier sentence if convicted at trial. Prosecutors may seek a lighter sentence if the defendant is cooperative. This does not mean that criminal defendants should always plead guilty, however, and the USSC does not have data on how many defendants were acquitted at trial.

Federal Sentencing Guidelines for Arson

District court judges use federal sentencing guidelines to determine the USSC’s recommended sentencing range. The guidelines factor in the crime and any other factors that could increase or decrease the sentence. For arson, federal sentencing guidelines suggest an increased sentence if the act created a substantial risk of harm or was committed to cover up another criminal act (by destroying evidence), among others.

Half of all sentences for arson were within the recommended guidelines. Over one-third were below the recommended range. Only about 10% exceeded recommended guidelines.

The table below explores the reason why defendants were able to receive sentences below the recommended range. But first, a few explanations of the terms used:

• A defendant who cooperates with law enforcement, usually by testifying as a witness or otherwise providing evidence to prosecutors, can receive a reduced sentence for “substantial assistance.”
• A variance is a sentence that is outside of recommended guidelines.
• A departure is a lower or higher sentence recommended by the guidelines. Federal sentencing guidelines will recommend a departure based on certain factors in the case. In arson cases, federal guidelines recommend an “upward” departure (meaning a lengthier sentence) if the defendant put people in serious risk of injury, for example.

We see that in 2019, a fair percentage of defendants were able to get a reduced sentence by cooperating with law enforcement. As many simply received less than the recommended guideline range at the discretion of the district court judge. A number were also able to get the prosecution to agree to a reduced sentence. The number of plea deals made may be a reason for this.

On average, the best deal defendants received was for substantial cooperation, with almost a five-year departure from recommended guidelines. However, there were some significant upward variances, as well.

How Criminal History Affects Sentencing for Arson

Most defendants had a criminal history when being sentenced in federal court for arson.

Not having a criminal history can make a big difference. First-time offenders received two years less of prison time on average compared to previous offenders. Again, this is typical of federal sentencing, because, regardless of the crime, being previously convicted of a crime can increase the sentence.

How Education Can Affect Sentencing for Arson

There can sometimes be a correlation between education and sentence length in federal court. Often, this is because education level reflects the circumstances of the crime. For arson, having a higher education may indicate the defendant was charged with an additional crime, such as insurance fraud.

According to USSC data, college graduates and defendants with some college received the longest prison sentences. Again, this is most likely because defendants with a college education faced additional charges, not because having a higher education by itself increases sentence length.

Race and Sentence Length

Black and white defendants made up the largest two racial groups sentenced in federal court for arson, with 23 and 22, respectively. The USSC lists defendants who self-identify as Hispanic. Hispanic is an ethnicity for this category, not a racial group.

In looking at average sentence length, the USSC data shows that Black and Hispanic defendants received the longest average sentences, with white defendants receiving on average a year or two less of prison time. However, it is a small sample size, and the USSC does not indicate which defendants were charged with additional crimes. Again, we should be cautious about drawing firm conclusions from the data. Nonetheless, the significant difference between sentences by race/ethnicity is concerning.

Sentencing by Age Group and Gender

At any age group, men were more likely to be sentenced for arson than women.

Conclusions

Because of the limited sample size and the fact that defendants accused of arson also face additional charges, any takeaways should be limited. However, we can see that defendants facing arson charges are overwhelmingly likely to face significant prison time. That is mitigated somewhat, however, by defendants’ ability to get reduced time, either through cooperating with law enforcement, reaching a plea deal, or simply because the judge may issue a sentence lower than the recommended guidelines.

The longest sentences were issued to:

• Defendants with at least some college
• Black and Hispanic men
• Defendants with a previous criminal history