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Practice Areas · Arson

The State says the fire was set on purpose. That is an opinion. We test it.

Arson is one of the most technical charges in Texas law, and one few firms have actually tried. The case against you rests on a fire investigator’s conclusion, and your freedom rides on whether anyone challenges it. Patrick McGuire prosecuted cases for Dallas County and has had arson of a habitation dismissed before trial.

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What's at Stake

A felony built on fire science, with your freedom as the margin of error.

Arson is a felony in Texas. When the State alleges the building was a home, the punishment range climbs to first-degree levels, which reach life in prison. The charge alone can cost you your job, your insurance claim, and your name in the community before a jury hears a word of evidence.

A conviction follows you further. A felony arson record affects gun rights, professional licenses, immigration status, and nearly every employment and housing background check you will ever face. Insurers treat it as fraud. Employers treat it as danger. The label does not fade.

Here is what most people charged with arson do not know: the science underneath these cases is contested. Burn-pattern readings and accelerant assumptions that investigators once presented as certainty have been discredited as fire science advanced. A defense that never engages the science concedes the strongest ground in the case.

How We Defend It

The State built its case on an expert. We answer in kind.

An arson defense is won in the details of the fire scene and the gaps in the investigator’s reasoning. This is how we work these cases.

01

A former prosecutor reads the file first

Patrick McGuire prosecuted criminal cases for Dallas County. He knows how the State assembles an arson file, which witnesses carry it, and where it breaks. He has had arson of a habitation dismissed before trial and a second-degree felony arson dismissed.

02

We put the fire investigation on trial

An arson case stands or falls on the cause-and-origin determination. Fire science has changed, and indicators investigators once treated as proof of a set fire have been discredited. We test whether the State’s conclusion would survive a qualified expert, because accidental, electrical, and undetermined causes end these cases.

03

Intent is the State’s burden, not yours

Even if the State proves how the fire started, it must prove you started it on purpose. Presence at the scene, a financial motive, or an insurance policy is not proof of intent. We hold the State to every element.

04

When treatment fits the facts, we make that case

Not every arson charge calls for a trial. James Chiles resolved an arson case through mental health diversion, an outcome that put a client into treatment instead of prison. We pursue the resolution the facts support, and we prepare for trial either way.

Track Record

Arson results

Outcomes in arson cases we have defended. Charge, then result.

  • Dismissed Arson of a habitation Before trial
  • Dismissed Arson, second-degree felony
  • Diversion Arson, resolved through mental health diversion

Past results do not guarantee future outcomes. Every case depends on its own facts.

Before You Call

Arson: the questions clients ask first.

Am I going to prison for an arson charge?
Not necessarily. Arson is a felony, and arson of a habitation carries a punishment range that reaches life in prison, so the exposure is real. But these cases rest on technical conclusions that can be challenged, and we have had arson of a habitation dismissed before trial. The outcome turns on the evidence, the county, and how early your defense starts. Call before you speak to anyone.
The fire was an accident. Why am I being charged?
Because an investigator concluded otherwise, often from burn patterns, suspected accelerants, or the elimination of other causes. Those conclusions are opinions, and modern fire science has overturned many of the indicators they rest on. An independent cause-and-origin review can show the fire was accidental or that its cause cannot honestly be determined. Either finding undermines the charge.
Should I talk to the fire investigator or my insurance company?
Not before you talk to a lawyer. Statements to fire investigators are evidence, and insurance examinations can put you under oath while a criminal case is pending. Anything you say in either setting can reach the prosecutor. Call us first and we will manage both conversations.
I was in a mental health crisis when it happened. Does that matter?
It can matter a great deal. Texas courts have diversion options for defendants whose charges trace to a mental health condition, and we resolved an arson case through mental health diversion. Whether that path is open depends on the county, the facts, and your history. Raising it early, with documentation, gives it the best chance.
Free Consultation

The call is free. Waiting is not.

Evidence goes stale, witnesses move, and deadlines pass whether you have hired a lawyer or not. The earlier we start, the more we can do.

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