Gimbel, Reilly, Guerin & Brown LLP

09/04/2024 | News release | Distributed by Public on 09/04/2024 20:15

Will I Go to Jail for Accidentally Starting a Wildfire? | WI

Will I Go to Jail for Accidentally Starting a Wildfire? | WI

Posted on September 04,2024 in Criminal Defense

Wildfire season in Wisconsin is drawing to a close. The season started off with more fires than usual after a particularly warm winter and, as of today, nearly 900 wildfires have burned throughout the state.

Some fires are inevitable and can even be used to manage growth in a way that helps mitigate more serious wildfires in the future. But when fires are caused by humans - whether intentionally or not - the consequences can be devastating, both for the environment and for a person facing criminal or civil charges for their behavior.

If you are facing charges for accidentally or intentionally starting a fire that caused damage to property or people, you need the help of a Milwaukee, Wisconsin criminal defense attorney. At Gimbel, Reilly, Guerin & Brown, LLP, we have helped clients fight serious criminal charges, including arson. We will fight for you, too.

Penalties for Starting a Fire by Accident in Wisconsin

While accidental fires do not carry the same criminal intent as arson, which requires proof that a fire was started on purpose, they can still result in serious legal consequences in Wisconsin. Failing to extinguish a campfire that escapes and becomes a forest fire can result in up to 90 days in prison and fines of up to $1,000. Additionally, those who start a forest fire may be held responsible for the costs of putting the fire out, which can be enormous.

If someone causes a fire through reckless or negligent behavior, such as improperly disposing of flammable materials, they may not face criminal consequences. However, they could still face civil consequences, which could be significant. Victims of accidental fires can sue for damages to recover costs associated with property loss, injuries, or any other related expenses. The bottom line - even if the fire was not intentional, the person responsible may still face both criminal charges and financial liability for any harm caused.

Penalties for Starting a Fire on Purpose in Wisconsin

Arson, when committed intentionally, carries severe criminal penalties in Wisconsin. Under state law, someone who deliberately starts a fire or causes an explosion with the intent to damage a building can be charged with a Class C felony. This offense is punishable by up to 40 years in prison and fines up to $100,000. The severity of the penalties typically depends on the extent of the damage and whether anyone was injured. If arson causes damage to property that is not a building, such as a car or an RV, the responsible party can be charged with a Class I felony, which allows up to three and a half years in prison and fines up to $10,000. Arson can also result in increased penalties if the fire spreads to occupied buildings, resulting in harm or putting lives at risk.

As with accidentally causing a fire, a person convicted of arson may also face civil liability. Victims of arson can file lawsuits seeking compensation for property damage, medical expenses, and emotional distress.

Call Our Milwaukee, WI Arson Criminal Defense Attorneys Now

If you are being investigated or charged with starting a fire of any kind, for any reason, you need help from a Milwaukee criminal defense attorney from Gimbel, Reilly, Guerin & Brown, LLP. Whether you are facing criminal or civil charges, we have the depth and breadth of experience you need to secure a favorable case outcome. Call us at 414-271-1440now.