Arson is an Illinois crime that involves fire or explosives and property damage. In many cases, the perpetrator commits arson against another person’s property. But an individual can commit arson against their own property with intent to commit fraud. Either way, Illinois law requires a person to act knowingly for their behavior to qualify as arson.
1. Residential Arson
720 ILCS 5/20-1 establishes the Illinois laws against residential arson. Under this section, it is unlawful to knowingly use fire or explosives to:
- Damage any real or personal property of another person without consent; or
- Damage any property with intent to defraud an insurer.
There is an important limitation to arson under Section 20-1. In order to qualify as arson, the property damaged must have a value of at least $150. Using fire or explosives to damage property worth less than $150 does not rise to the level of arson under Section 20-1.
Any person who commits residential arson in violation of Section 20-1 will likely face Class 2 felony charges. Upon conviction, the Illinois punishment for Class 2 felonies includes a prison sentence between three and seven years and criminal fines up to $25,000. Probation or conditional discharge of up to four years is available for Class 1 felonies in Illinois.
2. Residential Arson
Section 20-1 also details the Illinois laws against residential arson. Under this section, it is illegal to knowingly:
- Commit arson; and
- Partially or totally damage any building or structure that is another person’s dwelling place.
Any person who commits residential arson in violation of Section 20-1 will likely face Class 1 felony charges. Upon conviction, the Illinois punishment for Class 1 felonies includes a prison sentence between four and 15 years and criminal fines up to $25,000. Probation or conditional discharge of up to four years is available for Class 1 felonies in Illinois.
3. Place of Worship Arson
Section 20-1 also details the Illinois laws against place of worship arson. Under this section, it is unlawful to knowingly:
- Commit arson; and
- Partially or totally damage any place of worship.
Under Illinois law, the term “place of worship” can refer to any church, synagogue, mosque, or temple, including the property grounds. This term can also refer to any other building, structure, or place used primarily for religious worship.
Any person who commits place of worship arson in violation of Section 20-1 will likely face Class 1 felony charges. Upon conviction, the punishment will mirror the one described above for Class 1 felonies.
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.