Fairfax Arson Charge 18.2-88

This post is part of a series discussing different Fairfax arson charges.  This article focuses on the Fairfax arson charge found in Va. Code §18.2-88.  This statute punishes carelessly or intentionally damaging property by fire.

Arson is the malicious burning or destruction of property by use of fire or an explosive device.  Most Fairfax arson charges are felonies.  §18.2-88 is one of the only arson charges that is charged as a misdemeanor.  §18.87 is the other Fairfax arson charge that is a Class 1 misdemeanor.  Va. Code §18.2-81 is charged as a class 4 felony.  However, it can be charged as a Class 1 misdemeanor if the value of property destroyed is less than $200.

§18.2-88 prohibits intentionally setting fire to anything capable of spreading fire on land and allowing the fire to escape the land of another so that the others property is damaged or jeopardized.

Proof of a Fairfax Arson Charge

Virginia law presumes that the cause of a fire was an accident.  This makes the burden very high for the Commonwealth to prove a Fairfax arson charge.

Someone can be convicted of this Fairfax arson charge if the fire damaged another person’s land.  He can also be convicted if the fire COULD have damaged someone else’s land.

The Commonwealth does not need to prove that the accused intentionally started a fire to convict under this Fairfax arson charge.  The accused can be convicted if he was negligent or careless in starting the fire.

Punishment for a Fairfax Arson Charge

This arson charge is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The offender may also be required to pay the fire department expenses used in putting out the fire.

The Statute

Va. Code §18.2-88 states:

“If any person carelessly, negligently or intentionally set any woods or marshes on fire, or set fire to any stubble, brush, straw, or any other substance capable of spreading fire on lands, whereby the property of another is damaged or jeopardized, he shall be guilty of a Class 4 misdemeanor, and shall be liable for the full amount of all expenses incurred in fighting the fire.”

Other Fairfax Arson Charges

§18.2-77 prohibits the malicious burning or destruction of a dwelling house.  This Fairfax arson charge is punished by up to life in prison.  It can also be punished with a fine up to $100,000.  For more information on this Fairfax arson charge, click here.

§18.2-79 punishes the intentional burning or destruction of a meeting house.  For more information on this Fairfax arson charge, click here.

§18.2-80 discusses malicious burning or destruction of any structure not covered in any of the other arson statutes.   It is punished by up to 20 years in prison.  It can also be punished with a fine up to $100,000.  For more information on this Fairfax arson charge, click here.

§18.2-81 is the Fairfax arson charge related to personal property.  If the property destroyed was more than $200 in value, it is a Class 4 felony.  If the damage was less, it is a Class 1 misdemeanor.  For more information on this Fairfax arson charge, click here.

§18.2-82 results from a fire that started while an offender was in a structure with intent to commit a felony.  It is punished by 2-10 years in prison, a fine up to $100,000, or both.  For more information on this Fairfax arson charge, click here.

§18.2-86 prohibits maliciously setting fire to anything capable of spreading fire on land.  This Fairfax arson charge is punished by 1-5 years in prison.  It can also be punished by 12 months in jail, a fine up to $2500, or both.  Click here for more information on this Fairfax arson charge.

§18.2-87 prohibits allowing a fire to escape the land of another.  This Fairfax arson charge is a Class 1 misdemeanor.  It is punished by up to 12 months in jail, a fine up to $2500, or both.  Click here for more information on this arson charge.

 

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