Texas Penal Code § 28.02 – One of the Most Serious Felonies on the Books
In Texas, arson occurs when a person starts a fire or causes an explosion (regardless of how small) with the intent to damage or destroy:
- A building, habitation, or vehicle
- Vegetation on open land (if the 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
Even a small trash-can fire inside an apartment complex or burning brush too close to a neighbor’s fence can become a first-degree felony if someone is injured or a home is threatened.
Common Situations That Lead to Arson Charges
- Domestic disputes that end with someone burning an ex’s clothes or car
- Insurance fraud attempts
- Juveniles or teenagers playing with fire or fireworks
- Burning debris or trash during a burn-ban violation that gets out of control
“Revenge” fires after evictions, break-ups, or bar fights
Prosecutors treat arson as attempted murder in many cases, especially when firefighters or residents are placed at risk.
Why You Need Barton & Associates Immediately
Arson cases are won or lost on scientific evidence and intent. The State Fire Marshal and certified arson investigators will almost always claim the fire was intentionally set. Juries hate fire cases and bond amounts are routinely set at $50,000–$500,000+.
At Barton & Associates, Attorneys at Law, we have defended hundreds of arson cases across Texas and know how to fight back:
- Retain independent fire-science experts to rebut the State’s origin-and-cause conclusions
- Prove the fire was accidental (electrical, smoking, cooking, etc.)
- Challenge reckless vs. intentional intent distinctions
- Expose overcharging when the State lacks proof of who actually started the fire
- Negotiate reductions or dismissals before indictment when evidence is weak
We start working the day you call—preserving surveillance video, locating witnesses, and locking in the true cause of the fire before evidence is lost forever.
If you or someone you love is under investigation or has been charged with arson in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential case review.
