The punishment for arson in Michigan depends on the degree charged, and every degree is a felony. Maximum prison terms run from five years for fourth-degree arson up to life for first-degree, and every conviction brings a fine of up to $20,000 or three times the value of the property destroyed, whichever is greater. Courts must also order restitution to any victim, and the collateral consequences of a felony record continue after any sentence ends.
Prison Terms and Fines by Degree
Michigan divides arson into four main degrees under MCL 750.72 through 750.75. Each has its own maximum sentence and its own definition of what kind of burning qualifies.
First-Degree Arson
First-degree arson carries a potential sentence of life in prison or any term of years, plus a fine of up to $20,000 or three times the value of the property destroyed, whichever is greater.1Michigan Legislature. Michigan Compiled Laws 750.72 – First Degree Arson It covers three situations: burning a multi-unit building where at least one unit is a dwelling, burning any building or property when someone suffers physical injury from the fire, or burning a mine. The dwelling units do not need to be occupied, and it does not matter whether the person who set the fire owned the property.
Second-Degree Arson
Second-degree arson carries up to 20 years in prison, a fine of up to $20,000 or three times the value of the damaged property (whichever is greater), or both.2Michigan Legislature. Michigan Compiled Laws 750.73 – Second Degree Arson It covers burning a dwelling that does not qualify as first-degree, typically a single-family home where no one was injured. The dwelling can be occupied, unoccupied, or vacant at the time of the fire.
Third-Degree Arson
Third-degree arson carries up to 10 years in prison and the same $20,000-or-triple-value fine structure.3Michigan Legislature. Michigan Penal Code Chapter X – Arson It applies to burning any non-dwelling building or structure, regardless of occupancy, and to burning personal property worth $20,000 or more. If the person has a prior arson-related conviction, the personal-property threshold drops to $1,000. This is the degree that generally covers fires at commercial buildings, warehouses, and other non-residential structures where no one is hurt.
Fourth-Degree Arson
Fourth-degree arson is punishable by up to five years in prison, a fine of up to $10,000 or three times the property value, or both.4Michigan Legislature. Michigan Compiled Laws 750.75 – Fourth Degree Arson It applies to burning personal property worth at least $1,000 but less than $20,000, or worth at least $200 for someone with a prior conviction. It also covers negligently setting fire to another person’s woods, prairie, or grounds, or letting fire spread from your own land to a neighbor’s. The negligence provision does not require malicious intent, so a landowner who loses control of a burn can be charged.
Ownership of the property is irrelevant across every degree. Burning your own home, car, or commercial building carries the same charges as burning someone else’s.
What Pushes a Charge to a Higher Degree
Two factors drive most of the escalation between degrees, and both can turn what looks like a lower-level case into something far more serious.
Injury to any person pushes the charge to first-degree, regardless of what type of property burned.1Michigan Legislature. Michigan Compiled Laws 750.72 – First Degree Arson A commercial-building fire that would otherwise be third-degree becomes first-degree the moment a firefighter inhales smoke or a bystander is burned. The same logic applies to a house fire: everyone escaping unharmed keeps the case at second-degree, while any hospital trip bumps it up.
Prior arson convictions lower the dollar thresholds that separate the degrees. Third-degree drops from $20,000 to $1,000 for personal property; fourth-degree drops from $1,000 to $200.4Michigan Legislature. Michigan Compiled Laws 750.75 – Fourth Degree Arson A fire that would barely qualify as a misdemeanor-level loss for a first-time defendant can land a repeat defendant in felony territory.
Mandatory Restitution and Civil Liability
The fine the court imposes is separate from what the court orders you to pay the victim. Michigan law requires sentencing judges to order full restitution for any victim of the conduct that led to the conviction, and this is not discretionary.5Michigan Legislature. Michigan Compiled Laws 780.766 – Restitution Restitution covers property damage, medical expenses, lost income, and other measurable losses.
When a fire causes death or serious physical impairment, the court can order up to three times the standard restitution amount.5Michigan Legislature. Michigan Compiled Laws 780.766 – Restitution The money is due immediately unless the court sets a payment plan, and failing to pay without a good-faith effort can result in probation revocation or additional jail time.
Victims can also sue separately in civil court. Civil cases use a lower burden of proof than criminal trials, so a victim can win a judgment even where the criminal case ends in acquittal. Between fines, court-ordered restitution, and civil liability, the financial exposure from an arson conviction regularly reaches six figures.
Habitual Offender Enhancements
Prior felony convictions multiply the maximum sentence available for arson. A person convicted of a second felony can receive up to one and a half times the maximum term that would apply to a first-time offender.6Michigan Legislature. Michigan Compiled Laws 769.10 – Second Felony Offender A third felony conviction allows the court to double the maximum.7Michigan Legislature. Michigan Compiled Laws 769.11 – Third Felony Offender
Concretely: second-degree arson normally caps at 20 years, but for someone with two prior felony convictions, the maximum climbs to 40. The enhancement applies to any prior felony. A prior drug or robbery conviction counts the same as a prior arson conviction for this purpose.
When Federal Charges Apply
Some fires trigger federal prosecution instead of or in addition to state charges, and the federal numbers are harsher than Michigan’s lower degrees. Burning any property used in interstate commerce or in any activity affecting interstate commerce is a federal crime carrying a mandatory minimum of five years and a maximum of 20.8Office of the Law Revision Counsel. 18 USC 844 – Penalties The interstate-commerce hook is read broadly and reaches hotels, restaurants, retail stores, rental properties, and most businesses that receive out-of-state goods.
If anyone suffers physical injury from the fire, the mandatory minimum rises to seven years and the maximum to 40. If anyone dies, the sentence can be life in prison or the death penalty.8Office of the Law Revision Counsel. 18 USC 844 – Penalties Federal mandatory minimums hit harder because the federal system has no parole. A five-year federal sentence means close to five actual years behind bars.
Collateral Consequences After Sentencing
Because every degree of arson in Michigan is a felony, a conviction triggers consequences that outlast the prison sentence and fines.
Federal law permanently prohibits anyone convicted of a felony from possessing firearms. The ban has no built-in endpoint. A person convicted of fourth-degree arson at age 22 loses gun rights for life unless a pardon or expungement later satisfies federal restoration requirements.
Employment is another lasting consequence. People with felony records remain eligible for most federal jobs, but agencies weigh the nature and seriousness of the offense, how long ago it happened, and whether it conflicts with the job’s core duties.9USAJOBS Help Center. Can I Work for the Government if I Have a Criminal Record An arson record creates obvious friction with any role involving property management, public safety, or fiduciary duties. Private employers running background checks often treat arson as disqualifying even for unrelated jobs, especially in fields that require bonding or building access.
Housing applications, professional licensing, and security clearances all become harder to obtain with a felony arson record. Reentry is often more difficult than defendants expect when they first face charges.
Related Offenses
Two related statutes carry their own penalties and can be charged alongside the main arson counts. MCL 750.76 covers burning insured property, which prosecutors reach for when the evidence points to an insurance-fraud motive. MCL 750.77 criminalizes preparation to commit arson, meaning placing flammable or explosive materials near a building or property with intent to set a fire, even if no fire actually starts. Preparation penalties are tiered by the value of the targeted property, ranging from a misdemeanor for property under $200 to a felony carrying up to 10 years for property valued at $20,000 or more.
Statute of Limitations
Michigan generally applies a six-year statute of limitations to felony arson charges. Prosecutors must file within six years of the fire itself, not within six years of identifying a suspect. Arson investigations often take months or years, particularly when the fire was set in a way that delays cause-and-origin findings, and if investigators take too long the window for prosecution can close entirely.