Texas Arson Penalties (2026)

Arson and intentional fire-setting charges charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing arson charges in Texas, consult a licensed Texas criminal defense attorney.

Texas Arson Penalties

OffensePenalty
First Offense1st degree felony: 5-99 years (occupied); 2nd degree: 2-20 years (unoccupied)
Second OffenseHabitual: 25-99 years or life mandatory

TX PC §28.02

Arson Statute of Limitations in Texas

In Texas, the statute of limitations for theft and property crimes is generally 5 years.

See all Texas statutes of limitations →

Defending Against Arson Charges in Texas

Common defenses in Texas arson cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.

Related Texas Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Stalking Embezzlement Money Laundering Public Intoxication