Fairfax Arson Felony Charge 18.2-86 Burning Woods

This post is part of a series discussing different Fairfax arson charges.  Arson is the malicious burning or destruction of property by use of fire or an explosive device.  This article focuses on the Fairfax arson felony found in Va. Code §18.2-86.  This statute prohibits setting fire to woods, fences, or anything capable of spreading fire on land.

Proof of a Fairfax Arson Felony

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 felony.

To convict on a Fairfax arson felony, the Commonwealth must prove:

• an incendiary act (burning)
• the accused is the person who caused the incendiary act, and
• criminal intent

The Commonwealth must prove that the accused “maliciously” started a fire to convict under §18.2-86. This means that the offender must have acted intentionally or recklessly.

Penalties for a Fairfax Arson Felony

Va. Code §18.2-86 is a Class 6 Felony.  It is punished by 1-5 years in prison.  It can also be punished with up to 12 months in jail, a fine up to $2500, or both.

The Statute

§18.2-86 Setting fire to woods, fences, grass, etc.

“If any person maliciously set fire to any wood, fence, grass, straw or other thing capable of spreading fire on land, he shall be guilty of a Class 6 felony.”

Other Fairfax Arson Felony Charges

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

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

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

§18.2-81 is the Fairfax arson felony 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.

Fairfax Arson Misdemeanor Charges

Some Fairfax arson charges are misdemeanors. §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.  It can also be punished with a fine up to $2500.  More information on this Fairfax arson charge can be found here.  §18.2-88 prohibits carelessly damaging property by fire.  This Fairfax arson charge is a Class 4 misdemeanor.  The punishment for this charge is a fine up to $250.

 

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