Arson is an offense under the Illinois Criminal Code that involves damage to property using fire or explosive. To qualify as a criminal offense, the perpetrator must act with knowledge. Though depending on the circumstances of the offense, arson can be charged in four different ways in Illinois.
- Arson
The Illinois laws against arson appear at 720 ILCS 5/20-1. Under this section, a person commits arson if they knowingly use fire or explosive to:
- Damage someone else’s real or personal property worth more than $150, without consent of the owner; or
- Damage any property worth more than $150 with the intent to defraud an insurer.
Under Section 20-1, arson is typically charged as a Class 2 felony. If convicted, the Illinois punishment includes the possibility of a prison sentence between three and seven years as well as criminal fines up to $25,000.
- Residential Arson
Section 20-1 also furnishes the Illinois laws against residential arson. A standard arson offense becomes residential arson if the perpetrator knowingly damages someone else’s residence or dwelling, partially or totally.
Under Section 20-1, residential arson is usually charged as a Class 1 felony. If convicted, the Illinois punishment includes the possibility of a prison sentence between four and 15 years as well as criminal fines up to $25,000.
- Place of Worship Arson
Section 20-1 also describes the Illinois laws against place of worship arson. A standard arson offense becomes place of worship arson if the perpetrator knowingly damages, partially or totally, a religious place of worship.
Under Section 20-1, place of worship arson is normally charged as a Class 1 felony. If convicted, the Illinois punishment is substantially similar to the one described above for residential arson.
- Aggravated Arson
The Illinois laws against aggravated arson appear at 720 ILCS 5/20-1.1. Under this section, arson becomes aggravated arson if:
- The perpetrator knows or should know that a victim is present in the building or structure;
- Any victim suffers great bodily harm, permanent disability, or disfigurement; or
- A fireman, policeman, or correctional officer sustains injury.
Under Section 20-1.1, aggravated arson is normally charged as a Class X felony. If convicted, the Illinois punishment includes the possibility of a prison sentence between six and 30 years as well as criminal fines up to $25,000. Probation is not available for Class X felonies in Illinois.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.