Frequently Asked Questions

Here are some frequently asked questions about property crimes.

Is arson a felony property crime?

The details about arson and its related offenses are available on the Pennsylvania General Assembly website in 18 Pa. Code §3301. However, the short answer is, yes you can consider arson a felony. Whatever the arson charges are against you, call a property crimes lawyer at Kitay Law Offices right away. We’ll prepare the best defense for you.

If you started a fire that did not cause property damage or injuries, you could get a summary offense. However, if you deliberately or carelessly start a fire, or cause an explosion, you can get an arson offense charge. The same goes if you help or pay someone else to start a fire. Moreover, even if the property is your own, you can still be charged with an arson offense.

You can consider an arson charge as a first-degree felony if you, for example:

• intentionally start a fire
• pay or help someone start a fire
• intend to damage or destroy someplace where people live, work, or play
• recklessly endanger someone else
• endangered property or people
• caused injuries or fatalities
• burnt historic resources

What is aggravated arson?

Aggravated arson means that you know a person is present inside a structure at the time the fire started. In addition, an aggravated arson property crime includes purposely or recklessly causing another person harm through the fire or explosion.

When is arson a second-degree felony?

Arson is a second-degree felony. You can get an arson charge if you deliberately or recklessly start a fire on or in a vacant property. This is still considered a second-degree felony even if you pay or aid someone to start a fire. Additionally, this charge is the same if you’re burning or trying to burn your own property for the insurance.

What is criminal mischief? Does it count as a property crime?

Criminal mischief can be a summary offense, misdemeanor, or felony property crime, depending on the situation. However, the type of charge also depends on the cost of the damage and if you put someone in danger.

Some common circumstances which could lead to criminal mischief charges include the following:

• intentionally or recklessly causing damage to someone else’s property by fire or explosive
• putting a person or property in danger by tampering with said property
• causing someone to lose money or their property by deception or threat
• defacing or damaging a property with graffiti by using spray paint or paintball gun, for example

What are examples of institutional vandalism?

Institutional vandalism charges are property crimes based on if someone knowingly damages:

• a place of worship
• cemetery or burial facility
• municipal or government building
• educational facility
• community center
• juvenile detention center
• any grounds owned by, occupied by, or adjacent to these types of buildings

A second-degree misdemeanor or a third-degree felony may be the charge for institutional vandalism. The charge depends on the amount of damage and if someone was in danger.

What are examples of agricultural vandalism?

Agricultural vandalism charges are made if someone intentionally or carelessly damages a property used in farming or an agricultural activity.

There are many items which can be included in a charge of agricultural vandalism, such as:

• farming equipment
• dairy products
• livestock
• crops
• research and data-gathering equipment

A misdemeanor or felony offense can be the charge for agricultural vandalism.