Serial Arson Charges in Texas: What Defendants Should Know

 Posted on October 08, 2025 in Criminal Defense

The Williamson County Sheriff’s Office has arrested a man in connection with at least one recent fire in Bartlett. Although the man currently faces one charge of arson, he confessed to being involved in several fires in Bartlett over the last few months, including a church fire, a structure fire, and a fire in a vacant building. Fire investigators identified a pattern that linked at least three of the four fires to the suspect.

However, the investigation is still active as law enforcement works to determine whether the suspect is connected to additional fires in the area. Arson is a felony, and one of the most aggressively prosecuted property crimes in the state of Texas, particularly when the defendant is a serial arsonist.

When there are multiple fires involved, prosecutors will bring enhanced charges and seek longer sentences, even though arson cases are rarely as clear-cut as they may seem. Fires can be caused by accident or as a result of faulty electrical wiring. Anyone accused of serial arson (Texas Penal Code Title 7, Chapter 28, Section 28.02) should understand the penalties involved and consult with an experienced Pleasanton, TX criminal defense lawyer.

What Is Arson Under Texas Law?

Under Texas law, arson involves intentionally starting a fire or causing an explosion to damage property. "Property" applies to structures, vehicles, vegetation, and even open land. There is also a distinction between "reckless burning" and intentional arson, which are both charged as arson, but the difference is whether the fire was intentional or reckless.

A person who intentionally sets fire to a building to destroy it and collect insurance has intent. A person who throws a burning cigarette into dry woods during a burn ban is reckless. Both would be charged with arson, but the reckless defendant would likely receive a much lighter sentence.

What Makes Serial Arson Cases Different?

Serial arson involves a pattern of multiple fires, making it easier for prosecutors to argue intent as well as danger to others. Serial arson cases often involve not just the state fire marshal, but also the ATF and potentially, federal prosecutors. Barring a confession, the use of fire science and circumstantial evidence will connect the incidents.

What Are the Penalties for Arson in Texas?

In the state of Texas, penalties for arson can range from a state jail felony to a first-degree felony, depending on the circumstances, although it is typically classified as a second-degree felony with a penalty of two to 20 years in prison and a maximum fine of $10,000. The charges can be elevated to a first-degree felony if bodily injury or death occurs as a result of the fire, or if a habitation or place of assembly is destroyed.

A first-degree felony carries the potential for life in prison. A third-degree felony applies to reckless arson during the creation of a controlled substance where injury or death results. The penalty for a third-degree felony is two to 10 years in prison and a maximum $10,000 fine. The penalty for a state jail felony is between 180 days and two years in a state jail, and fines. Defendants may also be required to pay monetary restitution to the property owner for damages.

What Are the Most Common Defenses for Arson Charges?

While a defense will depend on the circumstances and facts surrounding the charges, the most common defenses against charges of arson include:

• There was an alternative cause for the fire, such as negligence, electrical issues, or natural causes.
• The fire science used outdated or unreliable methods.
• Any illegally obtained evidence (confession, cell data) can be suppressed.
• The attorney can show there was no intent or motive.
• There is a lack of direct evidence tying the defendant to a fire or multiple fires.

Contact an Atascosa County, TX Serious Felonies Attorney

Being accused of arson or serial arson can feel overwhelming. A highly experienced Pleasanton, TX criminal defense lawyer from BRCK Criminal Defense Attorneys is ready to challenge the fire investigation, protect your rights, and fight for your future. Every partner in our firm is either a former criminal prosecutor or a judge, giving them a perspective that benefits clients. Call 830-769-1010 to schedule your free consultation. Our attorneys speak Spanish.