Skip to main content

Reckless Burning Defense

Defending against reckless burning charges in Vancouver, WA and throughout Clark County.

Free Case Evaluation

Reckless 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.

First Degree Reckless Burning

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.

Second Degree Reckless Burning

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 --

Common Scenarios

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.

How We Can Help

  • Challenging the prosecution's evidence of recklessness
  • Retaining fire investigation experts to challenge origin and cause findings
  • Negotiating charge reductions from felony to misdemeanor level
  • Pursuing restitution agreements to resolve cases favorably
  • Preventing reckless burning charges from being elevated to arson

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.

Get Your Free Consultation Today

Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.