Arson Defense Lawyer in Wisconsin
Charged with Arson? Call Chirafisi Anderson, S.C. today for a. free consultation and begin building your defense.
What the Law Says About Arson
Wisconsin recognizes several forms of arson:
- § 943.02 – Arson of Buildings / Damage by Explosives: Intentionally damaging a building by fire or explosion without the owner’s consent—or doing so with intent to defraud an insurer—is a Class C felony.
- § 943.03 – Arson of Property Other Than a Building: Intentionally burning property of another valued at $100 or more without consent is a Class I felony.
- § 943.04 – Arson with Intent to Defraud: Damaging any property by fire to defraud an insurer is a Class H felony.
- § 943.05 – Placing Combustible Materials (Attempted Arson): Placing flammable or explosive material near property with intent to set a fire or explosion is treated as an attempt to commit arson.
A “building of another” includes any structure in which someone else holds a legal or equitable interest, even if the accused is also an owner.
What the State Must Prove
To convict under Wisconsin’s arson statutes, the State must prove each element beyond a reasonable doubt:
- The defendant intentionally damaged property by fire or explosion.
- “Intentionally” means acting with the purpose to cause damage.
- The property was a building or property of another, or the act was done with intent to defraud an insurer.
- The act was done without the owner’s consent (where applicable).
- The defendant knew the property belonged to another and that the owner did not consent (where applicable0.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1404
Penalties and Sentencing for Arson Charges
|
Statute |
Offense |
Classification |
Maximum Penalty |
|---|---|---|---|
|
§ 943.02 |
Arson of Building / Damage by Explosives |
Class C Felony |
40 years prison + $100,000 fine |
|
§ 943.03 |
Arson of Property (Non-Building ≥ $100) |
Class I Felony |
3.5 years prison + $10,000 fine |
|
§ 943.04 |
Arson with Intent to Defraud |
Class H Felony |
6 years prison + $10,000 fine |
|
§ 943.05 |
Placing Combustibles / Attempted Arson |
Attempt |
Half of underlying maximum |
Convictions can also result in restitution for fire-related damages, loss of insurance coverage, and lifetime firearm restrictions.
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Common Scenarios in Wisconsin Arson Charges
- House, garage, or apartment fires alleged to be intentional
- Vehicle or storage-unit fires connected to insurance claims
- Accidental electrical fires later charged as criminal
- Juvenile or mental-health-related fire incidents
- Alleged “explosive device” use or residue near property
Defenses and Legal Strategies
Check out some of the results our attorneys have obtained in criminal case across Wisconsin – Criminal Case Results
Why Hiring an Arson Defense Lawyer Matters
Arson prosecutions rely heavily on technical fire-science evidence and expert testimony. A knowledgeable arson defense lawyer can challenge the investigation, expose flaws in forensic testing, and protect you from a life-altering felony conviction. At Chirafisi Anderson, S.C., we combine experience, results, and reputation:
Contact Chirafisi Anderson, S.C.
An Arson charge demands immediate and informed legal action. Call Chirafisi Anderson, S.C. today for a free consultation with an experienced Arson defense lawyer.