Cincinnati Arson Lawyer

Facing Arson Charges in Cincinnati? Our Skilled  Defense Attorneys Can Help

Arson is the crime of deliberately damaging or destroying property by fire or explosives. It’s treated as a serious offense for two reasons. First, arson is accomplished with fire, whose consequences are costly and potentially harmful to human life. Second, some people destroy their property in order to fraudulently collect insurance money or to settle business disputes. The authorities want to keep these things from happening at all costs, so they put in place harsh penalties for anyone convicted of arson.

The outcome of your arson case will likely turn on whether there is evidence that you acted knowingly or not. Accidental fires are not considered criminal, although you may still face civil consequences for your negligence. At Luftman, Heck & Associates, we will stand by your side and help you overcome your arson charges by putting up a thorough and spirited defense of your case.

To learn more about how we can help, call us now at (513) 338-1890 for a free and confidential case consultation.

What Is Arson Under Ohio Law?

Under Ohio Revised Code § 2909.03, arson is defined as knowingly causing or creating a substantial risk of harm to property by fire or explosion. You can be charged with arson in several different situations, including:

• Damaging or destroying someone else’s property without their consent
• Damaging any property with the intent to defraud, such as for insurance claims
• Setting fire to public buildings like schools, courthouses, or government offices
• Causing harm to natural areas, such as parks, forests, or nature preserves

In arson cases, intent is key. Accidental fires may still have civil consequences, but they are not considered criminal unless the prosecution can prove that you acted willfully or with fraudulent intent.

Penalties for Arson in Cincinnati and Hamilton County

Ohio treats arson as a serious offense. The level of the charge and the potential sentence depend on the circumstances of the case:

Misdemeanor Arson

• Damaging another person’s property worth less than $1,000
• Punishable by up to 180 days in jail and $1,000 in fines

Felony of the Fourth Degree

• Damaging property worth more than $1,000, damaging public property, or acting with intent to defraud
• Penalties include 6–18 months in prison and fines up to $5,000

Felony of the Third Degree

• Committing arson under a contractual agreement (e.g., insurance fraud schemes)
• Penalties include up to 5 years in prison and fines up to $10,000
• Collateral Consequences of an Arson Conviction:

Collateral Consequences of an Arson Conviction

Beyond incarceration and fines, a conviction for arson may also result in:

• A permanent felony record
• Loss of employment or difficulty finding new work
• Restricted access to professional licenses
• Ineligibility for financial aid or college admission
• Loss of gun rights or voting privileges
• Immigration consequences, including deportation
• Orders to pay restitution for property damage

How We Defend Against Cincinnati Arson Charges

To convict you, the prosecution must prove that you willfully and knowingly set the fire or caused the explosion, and that the incident was not accidental. At LHA, we understand the forensic science, evidentiary challenges, and legal standards involved in arson cases.

Our Defense Strategies May Include:

• Challenge the Cause and Origin Report: Fire investigations are not always conclusive. We may work with expert witnesses to challenge flawed or biased fire marshal reports.
• Dispute Intent: If there’s no evidence you intended to start a fire, or if it was an accident, the charges may not hold up.
• Question Identity: If you’re accused based on video footage or eyewitness testimony, we’ll scrutinize that evidence for inconsistencies, poor visibility, or bias.
• Exercise Your Right to Remain Silent: Statements you made to investigators may be taken out of context. We’ll seek to suppress improperly obtained or misleading confessions.

Don’t Plead Guilty to Arson Without Talking to a Lawyer

The prosecution may push for a plea. But pleading guilty too soon could cost you your freedom, career, or future. Our attorneys can evaluate the full scope of your case and advise you on your best path forward.

Arson Charges in Cincinnati FAQs

Can I Be Charged With Arson If the Fire Was an Accident?

Not usually. Accidental fires may result in civil liability, but to convict you of arson, the prosecution must prove that you acted knowingly or intentionally. A skilled defense attorney can help establish a lack of criminal intent.

Can Arson Charges Be Dropped or Reduced in Ohio?

Depending on the strength of the evidence, your criminal history, and whether the fire was accidental, arson charges may be dropped, dismissed, or reduced. A strong defense strategy—such as challenging the cause of the fire or lack of intent—can persuade prosecutors to file lesser charges or offer diversion alternatives.

What’s the Difference Between Arson and Aggravated Arson?

Aggravated arson is a more serious charge under Ohio Revised Code § 2909.02. It typically involves harm to a person or setting fire to an occupied structure. This charge is usually a felony of the first or second degree, with much harsher penalties, including longer prison sentences. Standard arson typically involves property damage only.

Can I Be Charged With Arson If I Set Fire to My Property?

Yes—if the fire was set with intent to defraud, such as to collect insurance money. Under Ohio law, setting fire to your property for financial gain is still considered criminal arson and may be prosecuted as a third-degree felony.

How Do Prosecutors Prove Arson in Court?

Prosecutors rely on evidence such as fire origin reports, accelerant detection, surveillance footage, eyewitnesses, and sometimes your own statements. However, arson is one of the hardest crimes to prove due to the destructive nature of fire and the reliance on circumstantial evidence, making skilled legal defense crucial.

What Role Does the Ohio Fire Marshal Play in Arson Investigations?

The Ohio State Fire Marshal’s Office often assists local law enforcement in investigating suspicious fires. They examine the scene, look for accelerants, and issue reports. These findings are often key to the prosecution’s case and can be challenged by your own independent fire investigation expert.

Can a Minor Be Charged With Arson in Ohio?

Juveniles can be charged with arson, and while they may go through juvenile court, the charges are still serious and can result in detention, probation, and a record. In some cases, minors may even be tried as adults, particularly in aggravated arson cases.

Facing Arson Charges? Contact LHA Today.

Criminal charges can be an overwhelming and frightening experience. You are probably worried about your freedoms and privileges being at stake and have a lot of questions. You can rest assured because the Cincinnati Criminal Defense team at LHA is here for you. Don’t hesitate to contact us today at (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com.