Facing Arson Charges in San Antonio? Why a Proactive, Expert Defense is Your Only Path Forward

Arson in Texas: A Severely Punished Felony That Demands Immediate Action

Being investigated or charged with arson under Texas Penal Code § 28.02 is one of the most serious legal situations you can face. In the eyes of Texas law and its prosecutors, arson is not merely a property crime—it is often treated as attempted murder, especially when the safety of firefighters or residents is endangered. The mere allegation can trigger an overwhelming prosecutorial response, scientific scrutiny from state experts, and severe public prejudice. At Barton & Associates, Attorneys at Law, we understand the terror and confusion that follows an arson accusation. Our statewide team has defended hundreds of arson cases, and we know that these charges frequently stem from misunderstandings, accidents, or reckless actions blown out of proportion. From the moment you contact us, we launch a scientific and strategic defense to protect your freedom, your future, and your reputation against one of the most complex charges in the Texas legal system.

Understanding the Broad and Severe Scope of Texas Arson Law

Texas law defines arson with a scope that surprises many. You can be charged for starting a fire or causing an explosion—no matter how small—with the intent to destroy or damage property, or if you act recklessly regarding whether the fire endangers life or property.

The statute specifically criminalizes fires set to:

• Any building, habitation, or vehicle.
• Vegetation on open-space land, if the burning property is at risk or the fire endangers human life.
• Any property when the act is reckless as to whether it endangers life or property.

A critical and often misunderstood aspect is that you do not need to have intended to harm a person or even cause major damage to face felony charges. A small, contained fire set recklessly or with intent to damage can lead to a first-degree felony indictment if it ultimately threatens a habitation or causes injury. Common scenarios that escalate into full arson cases include domestic disputes where an ex-partner’s belongings are burned, juveniles playing with fireworks or fire, insurance fraud attempts, burning debris during a county burn ban, or “revenge” acts following an eviction or personal conflict.

The Staggering Penalties: Why the Stakes Could Not Be Higher

Arson is always a felony in Texas, and the penalties escalate dramatically based on the circumstances and outcome of the fire. The perception of fire as a direct threat to human life means judges and juries often impose maximum sentences.

Felony Classifications & Penalties:

• State Jail Felony: Punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. This may apply to certain reckless fires of vegetation or uninhabited structures.
• Third-Degree Felony: Punishable by 2 to 10 years in prison and a fine of up to $10,000. Often applies to arson of a building or vehicle.
• Second-Degree Felony: Punishable by 2 to 20 years in prison and a fine of up to $10,000. This applies if the fire was set to a habitation (a place where people live) or a place of worship.
• First-Degree Felony: Punishable by 5 to 99 years, or life, in prison and a fine of up to $10,000. This severe penalty applies if:
  • Someone suffers bodily injury or death as a result of the fire.
  • The fire was set with intent to damage a habitation or place of worship, regardless of injury.
  • The defendant knew the property was insured, intending to file a claim.

Beyond prison, a conviction brings a permanent violent felony record, loss of firearm rights, near-impossible employment prospects, and overwhelming social stigma. Bond in these cases is routinely set between $50,000 and $500,000 or more, reflecting the court’s view of the danger and your perceived flight risk.

How the State Builds Its Case: Science, Scrutiny, and Bias

The prosecution’s case will be built by the State Fire Marshal’s Office and certified arson investigators. Their official “origin and cause” report will almost invariably conclude the fire was intentionally set. Juries, predisposed to see fire as a primal threat, tend to give tremendous weight to this expert testimony, creating a steep uphill battle from the start.

The state’s strategy focuses on proving two key elements:

• The Fire’s Origin: Eliminating all accidental causes (electrical, appliance malfunction, smoking materials) to claim the fire must have been deliberately ignited.
• Your Intent: Arguing that your actions were either intentional or so reckless that they demonstrated a conscious disregard for the safety of people and property.

Prosecutors often “overcharge” based on weak circumstantial evidence, banking on the defendant’s fear to force a plea deal. They may lack direct proof you started the fire but will use motive, opportunity, and your behavior after the fire to build a narrative of guilt.

Our Defense Strategy: Countering the State with Science and Law

At Barton & Associates, we do not accept the state’s findings at face value. We wage a defense on the very scientific and investigative grounds the prosecution claims to own. Our immediate, multi-front approach includes:

1. The Scientific Defense: Challenging “Origin and Cause”

We immediately retain independent, nationally-recognized fire science experts to conduct a parallel investigation. Our experts scrutinize the state’s methodology, looking for violations of NFPA 921 (the National Fire Protection Association’s guide for fire investigation), which is the accepted standard. We challenge spurious conclusions, such as misidentified “pour patterns” or improperly ruled-out accidental electrical sources. Proving the fire was accidental (faulty wiring, unattended cooking, a discarded cigarette) is often the most powerful path to dismissal.

2. The Intent Defense: Distinguishing Accident, Recklessness, and Crime

Texas law requires specific intent or criminal recklessness. We meticulously dissect the evidence to show a lack of criminal mental state. Was it a reckless backyard burn that escaped control, rather than an intentional act to destroy? Was there no motive for insurance fraud? We attack the leap from a bad decision to a felonious act.

3. The Procedural & Investigative Defense

We file aggressive motions to expose flaws in the investigation:

• Chain of Custody Breaches: Was evidence from the fire scene contaminated or improperly handled?
• Witness Reliability: Are there inconsistencies in witness statements or biases against you?
• Overcharging: We file motions to dismiss or reduce charges when the state lacks evidence tying you directly to the ignition or proving the required intent for the charged felony level.

4. Pre-Indictment Negotiation & Mitigation

The period before a formal indictment (when a grand jury hears the case) is a critical window. By presenting our independent experts’ findings and highlighting weaknesses in the state’s case, we often secure reductions in charges or outright dismissals before the case escalates further. For cases involving juveniles or first-time offenders, we pursue alternatives like pre-trial diversion.

The First 48 Hours: Critical Steps That Can Decide Your Case

Time is the enemy in an arson investigation. Physical evidence degrades, surveillance video is recorded over, and witnesses’ memories fade. Your actions immediately after learning of an investigation are paramount.

1. EXERCISE YOUR RIGHT TO REMAIN SILENT. Do not speak to police, fire investigators, or insurance adjusters. Anything you say will be used to establish motive, intent, or consciousness of guilt. Politely state, “I will not answer any questions without my attorney present.”
2. PRESERVE ALL POTENTIAL EVIDENCE. Do not delete text messages, emails, or social media posts. If you have any private surveillance video (Ring doorbell, security cameras) that may show the fire’s start or other activity, secure it immediately.
3. DOCUMENT YOUR OWN KNOWLEDGE. Write down everything you remember about the fire, your whereabouts, and any potential accidental causes you observed. Do this while your memory is fresh.
4. CONTACT BARTON & ASSOCIATES IMMEDIATELY. This is not a charge where you can wait. We begin our investigation the same day you call. We dispatch investigators to locate witnesses, send evidence preservation letters to property managers for video, and consult with fire experts to lock in the true cause before the state’s narrative becomes cemented.

Why Barton & Associates is Uniquely Equipped for Your Arson Defense

Fighting an arson charge requires a rare combination of resources, experience, and sheer tenacity. Our firm is built for this fight.

• Statewide Experience with Hundreds of Arson Cases: We have a deep understanding of how different Texas counties and the State Fire Marshal prosecute these cases. This track record gives us insight into local tactics and precedents.
• A Network of Elite Forensic Experts: We have long-standing relationships with the top fire scientists, electrical engineers, and chemists in the country. We have the resources to hire them immediately to counter the state’s experts.
• Former Prosecutorial Insight: Our team includes attorneys who have been on the other side, giving us an insider’s view of how arson cases are built and where they are most vulnerable early on.
• Aggressive, Science-Driven Advocacy: We are not intimidated by complex forensic reports. We learn the science, empower our experts, and force the state to defend its conclusions in a way few defense firms can.

Your Future Is at Stake. Begin Your Defense Now.

An arson charge is a legal inferno that will consume your life if not met with an immediate, powerful, and expert response. The state has already begun building its case with all its resources. Hope is not a strategy; proactive defense is.

Do not speak to anyone about the case. Do not wait for an indictment.

Contact Barton & Associates, Attorneys at Law, right now at 210-500-0000 for a free and completely confidential case review. We will immediately start the work of preserving evidence, investigating the true cause, and building the defense you need to survive this crisis and secure your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000