Defending against reckless burning charges in Vancouver, WA and throughout Clark County.
Free Case EvaluationReckless burning charges are serious cases in Washington State. Convictions can result in prison time, substantial fines, and court-ordered restitution in significant amounts. At the Law Office of Erin Bradley McAleer, we defend reckless burning charges in Clark County and throughout Southwest Washington.
Reckless Burning vs. Arson
The key difference between reckless burning and arson is intent. Arson requires proof that the defendant knowingly and maliciously set a fire. Reckless burning does not require knowing and malicious fire-starting -- only reckless conduct that causes or starts a fire. This distinction can mean the difference between a misdemeanor charge and a Class A felony carrying up to life in prison.
Under RCW 9A.48.040, a person commits reckless burning in the first degree when they cause or start a fire and recklessly allow that fire to damage a building, vehicle, crop, or timber. This is a Class C felony with a maximum penalty of up to 5 years in prison and a $10,000 fine. For first-time offenders with no criminal history, the standard range is 0 to 60 days in county jail.
A person commits reckless burning in the second degree when they cause or start a fire and endanger a building, vehicle, crop, or timber. No proof of actual damage is required -- merely endangering property is sufficient. This is a gross misdemeanor carrying up to 364 days in jail.
| Charge | Classification | Maximum Penalty | Standard Range (No History) |
|---|---|---|---|
| Reckless Burning 1st Degree | Class C Felony | 5 years / $10,000 fine | 0-60 days county jail |
| Reckless Burning 2nd Degree | Gross Misdemeanor | 364 days jail | -- |
Reckless burning charges commonly arise from situations such as burning yard waste or slash piles that get out of control. Investigations often involve the State Department of Natural Resources. These cases typically involve fires that were not intentionally set to cause damage but spread beyond their intended boundaries.
If you are facing reckless burning charges, contact McAleer Law today for a consultation. Our attorneys will review the evidence and fight to achieve the best possible outcome for your case.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.