Arson is one of the few charges where the label on the paperwork decides almost everything. A fire at a vacant garage and a fire at an occupied home can fall under the same statute, and the sentences are not close.
All three of our attorneys are former Illinois prosecutors, and our criminal defense team takes an arson charge seriously from the first call. If you are under investigation or have been charged, the first step is knowing which version of the charge the State is pursuing.
Arson is a Class 2 felony in Illinois, punishable by 3 to 7 years in prison. Residential arson and place of worship arson are Class 1 felonies with 4 to 15 years and no probation. Aggravated arson, when people are inside or someone is badly hurt, is a Class X felony with 6 to 30 years and no probation.
Illinois defines arson in 720 ILCS 5/20-1 (opens in a new tab) and aggravated arson in 720 ILCS 5/20-1.1 (opens in a new tab).
A person commits arson by using fire or an explosive to knowingly damage property in one of three ways.
“Of another” is broader than it sounds. Property counts as someone else’s if another person has an interest you have no right to defeat, even when you own a share of it too.
Illinois separates arson into four charges, and the class of the charge sets the sentencing range.
| Charge | Class | Prison | Probation |
|---|---|---|---|
| Arson | Class 2 | 3 to 7 years | Can be an option |
| Residential arson | Class 1 | 4 to 15 years | Not allowed |
| Place of worship arson | Class 1 | 4 to 15 years | Not allowed |
| Aggravated arson | Class X | 6 to 30 years | Not allowed |
A judge can also add a fine of up to $25,000 for any of these felonies, under 730 ILCS 5/5-4.5-50 (opens in a new tab).
The probation bar comes from 730 ILCS 5/5-5-3 (opens in a new tab), and the Class X range comes from 730 ILCS 5/5-4.5-25 (opens in a new tab).
Aggravated arson is arson that damages a building or structure, plus one of three things. Those structures include a school building, house trailer, boat, car, or railroad car.
Notice what the first one does not require. Nobody has to be hurt, and the State only has to show what you knew or should have known. That standard is where many of these cases get argued.
Aggravated arson is a Class X felony, so probation is not available. In limited situations an extended term of 30 to 60 years can apply.
Look at the table again. Plain arson can end in probation. Residential arson, place of worship arson, and aggravated arson cannot, and the judge must impose at least the minimum prison term.
That makes the charge itself the first fight. Whether a building was really someone’s dwelling, or whether someone was really inside, can move a case from a sentence a judge can shape to one the statute sets.
A fire case is a chain, and the State has to prove every link.
Arson often comes with other counts. Two come up most.
The prison range is not the whole picture.
The first days shape everything that follows. These steps protect the arguments we will need later.
Chicago felony cases are generally heard downtown, while preliminary matters often start at a branch court or the district covering the arrest.
We appear across Cook County, including:
If you are unsure which one covers your arrest address, our Cook County court districts guide sorts it out.
You will speak to an attorney, not an intake screener.
We will ask what you were charged with, or what investigators have contacted you about, and when your next court date is. Then you get a straight read on what the charge carries and what is realistically arguable.
If we are not the right firm for your case, we will say so.
Arson itself is always a felony. Plain arson is a Class 2 felony, and the other arson charges are Class 1 or Class X. If the facts fit a lesser offense, prosecutors can charge criminal damage to property instead, which can be a misdemeanor.
Aggravated arson adds a serious factor to a fire that damages a building or structure. Either you knew or should have known someone was inside, someone suffered great bodily harm, or an on-duty firefighter, police officer, or correctional officer was hurt. It is a Class X felony with 6 to 30 years and no probation.
Yes, if the fire was set to defraud an insurer. Property can also count as belonging to someone else when another person has an interest you cannot defeat, such as a co-owner, even if you own part of it too.
Possibly for plain arson, which is a Class 2 felony. Not for residential arson, place of worship arson, or aggravated arson. For those, the judge must impose at least the minimum prison term.
It can still be charged as arson. Aggravated arson can also apply with no injury at all, if the State shows you knew or reasonably should have known that someone was inside.
Yes. Possession of explosives or incendiary devices is its own Class 1 felony with 4 to 30 years in prison. It can be filed alongside an arson count or on its own.
A felony conviction is a ground for denying or revoking an Illinois FOID card. Our gun charge defense page explains how Illinois treats firearm cases.
Speak with a lawyer first. You can decline to answer questions until you have, and declining is not an admission of anything.
A fire investigation moves fast, and the account people give early tends to stay in the file. The sooner we see the paperwork, the more we can do with it.
Tell us what you were charged with, or what investigators have asked you about. We will explain what the State has to prove and where these cases usually come apart.
Call us at (312) 800-1626 or request a case review. Conversations with us are confidential.
This page is general information about Illinois criminal law and is not legal advice. What a charge carries depends on the facts, the statute, and your history. Speak with an attorney about your situation.
