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  • Writer's pictureBrandon Hicks

Understanding Arson Laws in Indiana 35-43-1-1: A Guide by B. Hicks Law


Arson is a serious criminal offense with severe consequences. Understanding the arson laws in Indiana is crucial, not only to protect yourself but also to ensure that you are aware of your rights and options when faced with such charges. B. Hicks Law, a reputable criminal defense law firm, is here to provide you with valuable insights into the intricacies of Indiana's arson laws.


Arson Defined: In Indiana, arson is defined under IC 35-43-1-1. The law outlines various scenarios in which an individual may be charged with arson, and these scenarios are classified into different felony levels based on the severity of the offense.


Level 4 Felony: Arson, a Level 4 felony, occurs when a person, through the use of fire, explosives, or a destructive device, knowingly or intentionally damages the following:

  1. A dwelling of another person without their consent.

  2. Property of any person under circumstances that endanger human life.

  3. Property of another person without their consent, resulting in a pecuniary loss of at least $5,000.

  4. A structure used for religious worship without the consent of the owner.

However, the offense is elevated to a Level 3 felony if it results in bodily injury to anyone other than the defendant, and a Level 2 felony if it results in serious bodily injury to anyone other than the defendant.

Level 4 Felony for Arson for Hire: Arson for hire is another form of arson. It is a Level 4 felony, but the offense is upgraded to:

  1. A Level 3 felony if it results in bodily injury to any other person.

  2. A Level 2 felony if it results in serious bodily injury to any other person.

Level 6 Felony: Arson is also classified as a Level 6 felony in the following circumstances:

  1. When a person, using fire, explosives, or a destructive device, knowingly or intentionally damages property of any person with the intent to defraud.

  2. When a person, through the use of fire, explosives, or a destructive device, knowingly or intentionally damages property of another person without their consent, resulting in a pecuniary loss of at least $250 but less than $5,000.

Important Considerations:

  • It's essential to note that each person who suffers bodily injury or serious bodily injury as a result of the violation of subsections (a), (b), (c), or (d) commits a separate offense.

Arson charges can have severe consequences, including substantial fines and lengthy prison sentences. If you or someone you know is facing arson charges, it's crucial to seek legal representation from a knowledgeable and experienced criminal defense attorney. B. Hicks Law is here to help you navigate the complexities of Indiana's arson laws and work towards the best possible outcome for your case.

Our team of dedicated attorneys understands the nuances of Indiana's legal system and will provide you with the guidance and support you need during this challenging time. Don't hesitate to reach out to us for a consultation to discuss your specific situation and learn about the best strategies to defend against arson charges. Your future may depend on the decisions you make today. Contact B. Hicks Law, and let us fight for your rights.

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