Arson Defense in Wyoming

Wyoming Arson Defense Attorney

Arson is one of Wyoming’s most seriously prosecuted property crimes. A conviction can mean decades in prison.

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    Home » Criminal Defense » Arson

    Facing Arson Charges in Wyoming: What the Law Says and What Is at Stake

    Arson charges in Wyoming are pursued aggressively by prosecutors — particularly when the fire involved an occupied structure or resulted in injury. Fire investigations are conducted by specialized state fire marshal investigators and sometimes involve federal agencies. By the time charges are filed, the prosecution typically has an expert-supported case. You need experienced legal representation from the moment charges are filed.

    Wyoming’s Arson Statute and Charge Levels

    Under Wyo. Stat. § 6-3-101, arson involves intentionally starting a fire or causing an explosion that damages a building or structure. Wyoming distinguishes between arson in the first degree — involving occupied structures or fires set with intent to defraud an insurer — and arson in lower degrees involving unoccupied structures. The degree of the charge determines the severity of the penalty.

    Penalties for Arson in Wyoming

    First degree arson in Wyoming is a felony carrying up to 20 years in state prison. Second degree arson carries up to 14 years. Even lower-level arson charges carry significant prison exposure. When arson results in injury or death, additional felony charges — including aggravated assault or homicide — are likely to follow. Insurance fraud charges frequently accompany arson investigations where a financial motive is alleged.

    How Arson Cases Are Investigated and How We Challenge Them

    Fire cause and origin investigations are a specialized science — and they are not infallible. The prosecution’s fire investigator will testify about how the fire started and whether it was intentional. We work with our own fire cause and origin experts to challenge the prosecution’s conclusions. Many arson cases rely heavily on expert opinion, and competing expert testimony has led to acquittals and dismissals in these cases. We also examine whether the financial motive the prosecution alleges is actually supported by the evidence.

    Call Just Criminal Law today. Arson cases require immediate investigation before critical evidence is lost.

    Related Charges We Also Defend

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    Property Crimes Arson is a serious property crime — see all property charges we defend.
    Destruction of Property Less severe property damage charges are often filed alongside arson.
    Fraud & Financial Crimes Insurance fraud charges frequently accompany arson investigations.
    Homicide When arson results in death, homicide charges follow.
    Violent Crimes Arson of an occupied structure can result in violent crime charges.
    Felonies All arson charges in Wyoming are felonies — understand your exposure.

    Why Clients in Wyoming and South Dakota Choose Just Criminal Law

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    Former Prosecutors on Your Side

    Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

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    Criminal Defense Is All We Do

    We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

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    Local Knowledge That Matters

    We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

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    Real Results for Wyoming & South Dakota Clients

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      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

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      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

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      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

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      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Frequently Asked Questions About Arson Charges in Wyoming

    Under Wyo. Stat. § 6-3-101, arson involves intentionally starting a fire or causing an explosion that damages a building, structure, or property. Wyoming distinguishes between degrees of arson based on the type of structure involved and the circumstances. Arson of an occupied structure, or arson for the purpose of insurance fraud, is first degree arson and carries the most severe penalties.

    First degree arson carries up to 20 years in Wyoming state prison. Second degree arson carries up to 14 years. Additional charges — including aggravated assault, homicide, or insurance fraud — are frequently filed alongside arson charges when the circumstances support them. The combined exposure in a serious arson case can reach decades of potential prison time.

    Prosecutors rely heavily on fire cause and origin investigators — experts who analyze the burn pattern, point of origin, and accelerant evidence to reach conclusions about whether a fire was intentionally set. They also rely on circumstantial evidence including financial motive, witness accounts, and the defendant’s behavior before and after the fire. Because the case often rests on expert opinion, challenging that opinion with our own expert is a central part of arson defense.

    Yes. Arson cases are more defensible than many people realize because they rely so heavily on expert opinion evidence. When the prosecution’s fire investigator’s conclusions can be challenged by a qualified defense expert, reasonable doubt becomes achievable. We have also seen arson cases where the financial motive the prosecution alleged was not actually supported by the evidence, or where the fire’s cause was legitimately accidental. Every case depends on its specific facts.

    Do not make any statements to law enforcement or fire investigators without an attorney present. Do not consent to searches of your property, vehicles, or electronic devices. Contact us immediately. Arson investigations move quickly and evidence — including evidence favorable to your defense — can be lost or altered. The sooner we are involved, the better positioned we are to protect your rights and preserve the evidence we need.

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    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    Request Your Free Arson Defense Consultation

    If you have been charged with arson in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.

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