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Can investigators tell if a fire was intentional?

On Behalf of | Feb 25, 2025 | Criminal Defense

When a fire breaks out, emergency responders act quickly to control the flames and ensure everyone’s safety. Once the smoke clears, arson investigators may step in if there are signs that the fire might not have been an accident.

What is arson?

In Illinois, arson occurs when someone intentionally sets a fire or causes an explosion that damages property valued at $150 or more without the owner’s consent. Even if the person is a part owner, it is still considered arson if they did not have permission from the other owners.

Arson involving personal property or intent to defraud is typically charged as a Class 2 felony, carrying a penalty of 3 to 7 years in prison and fines up to $25,000. Penalties may be more severe for intentional fires that affect residential spaces and places of worship or involve aggravated circumstances, such as knowing others were present.

Potential indicators of arson

After a fire is extinguished, certain signs may prompt first responders to notify the State Fire Marshal. Indicators that a fire might be suspicious include:

  • The property involved is of high value.
  • The property is linked to the government, a religious group, or a specific community.
  • The fire’s origin is unclear.
  • Accelerants are present.
  • There is evidence of forced entry.
  • Unusual burn patterns are observed.

While some signs are obvious, others may require the keen observation skills of the State Fire Marshal.

What to expect if involved in an investigation

If the State Fire Marshal concludes that the fire was intentional, they will investigate those associated with the property. A motive to start the fire can lead to further questioning and scrutiny of suspects. Given the severe penalties, it is essential for anyone suspected of arson to challenge the evidence against them and demonstrate no connection to the fire.

When facing criminal charges as serious as arson, having a strong legal advocate can be the key to securing one’s freedom.