First-degree arson in Alabama is a Class A felony punishable by 10 to 99 years or life in prison and a fine of up to $60,000. The charge applies when a person intentionally sets fire to or blows up a building while someone else is inside, or when the circumstances make another person’s presence reasonably possible.1Alabama Legislature. Alabama Code 13A-7-41 – Arson in the First Degree
What the Prosecution Has to Prove
Two elements, both beyond a reasonable doubt. The defendant intentionally damaged a building by starting or maintaining a fire or causing an explosion, and another person was present at the time, with the defendant either knowing that or facing circumstances that made someone’s presence a reasonable possibility.1Alabama Legislature. Alabama Code 13A-7-41 – Arson in the First Degree
Intent matters. A knocked-over candle isn’t arson. The destruction has to be deliberate.
The occupancy element is what pushes the charge to first degree, and the law doesn’t require any actual injury. A landlord who sets fire to an apartment building at 2 a.m. can face first-degree arson even if every tenant escapes unharmed, because residential occupancy at that hour is close to certain.
How the Sentence Is Set
Class A felonies in Alabama carry a definite prison term of not less than 10 years and not more than 99 years, or life, served with hard labor.2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies On top of that, the court can impose a fine of up to $60,000.3Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
Ten years is the floor for a first offender with no aggravating factors. Judges have wide discretion within the full range, and two things can push the minimum higher before the Habitual Felony Offender Act even enters the picture: using a firearm or deadly weapon during the arson raises the minimum to 20 years.2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
Prior Felonies Change the Floor
Alabama’s Habitual Felony Offender Act escalates the mandatory minimum for anyone convicted of first-degree arson with a prior felony record:4Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders
- One prior felony: minimum rises to 15 years, maximum still 99 years or life.
- Two prior felonies: minimum jumps to 99 years or life, which effectively makes 99 years the floor.
- Three or more prior felonies, none Class A: life, or life without parole, at the trial court’s discretion.
- Three or more prior felonies, with at least one Class A among them: mandatory life without the possibility of parole.
The gap in that last tier is sharp. Three prior Class B or C convictions still leave the judge some room to move. One prior Class A conviction among the three removes it entirely.
Restitution to the Victim
A first-degree arson conviction also triggers a court order to compensate the victim for financial losses from the fire or explosion. Restitution typically covers repair costs, replacement value of destroyed property, and related out-of-pocket expenses. It is paid directly to the victim, not to the state, and it carries the same legal force as a civil judgment, so the state can enforce it with the collection tools used in civil cases.5Alabama Legislature. Alabama Code 15-18-78 – Restitution Orders in Criminal Cases
How First Degree Differs From the Other Degrees
Alabama recognizes three degrees of arson, and the dividing lines are intent and whether people were at risk.
- First degree, Class A felony: intentional fire or explosion damaging a building when someone is or could reasonably be present.1Alabama Legislature. Alabama Code 13A-7-41 – Arson in the First Degree
- Second degree, Class B felony: intentional damage by fire or explosion without the occupied-building element. The charge also reaches fires intentionally started inside a detention or correctional facility with reckless disregard for others’ safety.6Alabama Legislature. Alabama Code 13A-7-42 – Arson in the Second Degree
- Third degree, Class A misdemeanor: recklessly damaging a building by fire or explosion. Recklessness, not intent.7Alabama Legislature. Alabama Code 13A-7-43 – Arson in the Third Degree
Second- and third-degree arson carry an affirmative defense where no one else owned or possessed the building (or everyone who did consented) and the sole purpose was lawful destruction. That defense is not available for first-degree arson, because another person’s presence makes any claimed lawful purpose irrelevant.6Alabama Legislature. Alabama Code 13A-7-42 – Arson in the Second Degree
No Deadline to Prosecute
Most Alabama felonies carry a five-year statute of limitations. Arson is one of the categories specifically exempted under Alabama Code 15-3-5, so prosecutors can file first-degree arson charges a decade or more after the fire if evidence surfaces. Arson investigators tend to leave case files open indefinitely for this reason.
Federal Charges Can Run in Parallel
First-degree arson is a state offense, but certain fires also trigger federal jurisdiction. Under 18 U.S.C. 844(i), anyone who damages a building, vehicle, or other property used in interstate or foreign commerce by fire or explosive faces 5 to 20 years in federal prison. If someone is injured, the range becomes 7 to 40 years. If someone dies, the sentence can be life imprisonment or the death penalty.8Office of the Law Revision Counsel. 18 USC 844 – Penalties
The interstate commerce hook sweeps in hotels, restaurants, retail stores, and office buildings that take goods or customers from other states. A single fire can produce both state and federal charges, and federal sentences frequently run consecutively with the state time rather than concurrently.
What Follows a Conviction
The sentence is only part of what a Class A felony carries. Federal law bars anyone convicted of a felony from possessing firearms, no matter which state issued the conviction, and Alabama separately restricts firearm possession for people charged with or convicted of crimes of violence. Violating either prohibition is itself a felony.
Voting rights disappear for certain felony convictions in Alabama. Restoration requires finishing the full sentence (including parole and probation), paying all fines, fees, and restitution, and applying for a Certificate of Eligibility to Register to Vote. Some convictions on the state’s list can only be overcome through a governor’s pardon, and a few permanently disqualify a person from voting.
Employment, housing, and professional licensing become significantly harder. Many Alabama licensing boards run criminal background checks and can deny or revoke a license on the basis of a felony conviction. In most cases there is no automatic mechanism to seal or expunge a first-degree arson conviction in the state.
A Pending Change to the Minimum
House Bill 328, introduced in the 2026 legislative session, would raise the minimum prison term for first-degree arson from 10 years to 20 years and require the sentence to run consecutively with any other sentence from the same incident. As of early 2026, HB 328 passed the Alabama House 104–0 and awaits Senate action. If enacted, the new minimum would take effect October 1, 2026.9Alabama Legislature. Alabama House Bill 328 – 2026 Regular Session (Engrossed)