Fayetteville Arson Lawyer

Arson Attorney in Fayetteville, NC

Being accused of arson can carry lasting consequences on your life. It’s natural to feel overwhelmed, confused, and anxious. A skilled Fayetteville arson lawyer can help you through this difficult period. They can be at your side from initial charges to the final court verdict. You don’t have to face this charge alone.

About Us

The W. James Payne Law Firm has spent years assisting the people of Fayetteville, Wilmington, Raleigh, and communities throughout North Carolina in their criminal defense cases. Our founder and lead attorney, W. James Payne, has decades of experience representing clients in cases ranging from minor tax fraud to first-degree murder. His legal accomplishments earned him a Lawyer of Distinction award in 2025. Our firm also defends clients in complex financial matters, and an experienced Fayetteville tax evasion lawyer can use similar strategies to protect you when allegations involve business or tax-related conduct.

Overview of Arson Cases in North Carolina

Fires can have devastating effects on people’s lives. In 2023, there were 6.1 deaths and 24.6 injuries per 1000 fires in North Carolina residential structures. Due to this lethal potential, arson is a serious matter with strict punishments. In 2024, there were 1,251 arson cases statewide, with 53 in Cumberland County. If you are unfamiliar with how these charges are treated in court, it may help to understand the difference between felonies and misdemeanors in North Carolina before making decisions about your defense strategy.

Arson is defined as the intentional and malicious burning of a structure or dwelling. A fire that is lit with no one inside is a Class E felony. If there is someone inside a dwelling, it is escalated to a Class D. Other buildings that are neither residential nor commercial are typically treated as Class F felonies.

Arson cases in Fayetteville are handled at the Judge E. Maurice Braswell Cumberland County Courthouse at 117 Dick St, Fayetteville, NC 28301. If a conviction or harsh sentence occurs, a trusted Fayetteville federal appeals lawyer may be able to help you explore options for challenging the outcome.

North Carolina Arson Penalties

The penalties you may face in an arson case depend on the type of arson charge, your criminal history, and aggravating factors involved. North Carolina uses a point system for felonies that can increase the minimum and maximum prison sentences for previous felony convictions.

For instance, an arson conviction classified as a Class D felony with no points has a presumptive range of 51-64 months in prison, whereas someone with 18 points or more may face 103-128 months. The 18-point range can increase if it is an aggravated charge to 128-160, or decrease to 87-117 with mitigating factors. Your attorney can also explain how courts evaluate what is considered criminal intent in North Carolina and why intent is such a critical element in arson prosecutions.

Hire an Arson Lawyer

While you may represent yourself in all legal matters, the serious nature of arson felonies makes it recommended that you hire an arson lawyer. Your Fayetteville arson attorney can guide you through the process. Our team at the W. James Payne Law Firm can:

• Advocate for your rights during questioning. When charged with a felony, you should never speak to the police without a lawyer present. Even innocuous comments can be used against you. Your legal counsel can offer protection throughout questioning and the investigative process.
• Build your defense. The strongest strategy for an arson charge changes on a case-by-case basis. A few common defenses include highlighting investigative errors, disputing the building type involved, arguing that any fire was unintentional, and that any burnt structures were not occupied. Your lawyer can discuss the case with you and help decide which argument fits your situation.
• Represent you in court. Arson court proceedings can be frightening, with the potential for years spent in prison. We can represent you both in and out of the courtroom throughout your case in all hearings, discussions, and meetings. We can fight for you at each stage of your case.
• Negotiate a plea bargain. If you feel guilty or a conviction seems likely, your Fayetteville arson lawyer can negotiate with the prosecution to find a suitable plea bargain. Plea deals can reduce prison sentences and lower the level of felony on your record.

FAQs

What Is the Minimum Punishment for Arson in North Carolina?

The minimum punishment for an arson conviction in North Carolina centers on the offender’s criminal background, the level of felony, and aggravating factors involved in the case. Someone who burns an uninhabited structure with no criminal history may face a few months of prison, while the minimum for someone with multiple violent convictions and who started a fire that killed people could be years.

Your Arson attorney can review your case and explain what penalties you are likely to face.

Do You Need an Attorney for an Arson Charge in North Carolina?

In North Carolina, you are not legally required to have legal counsel when charged with arson. When facing years in prison and a felony criminal record, hiring an attorney can be a major benefit to your case. An experienced lawyer familiar with state statutes can explain your options, build your defense, and represent you both in and out of court.

What Are the Three Types of Arson in North Carolina?

North Carolina state law classifies three types of arson that carry varying penalties. The two main types of arson charges are whether a building was occupied when a fire was allegedly started. If there were people inside, it would be treated as a Class D felony. If it were empty, then it would be a Class E felony. Certain other buildings, such as stables or uninhabited houses, are punished as Class F felonies.

How Much Does an Arson Lawyer Cost in North Carolina?

How much your North Carolina arson lawyer costs depends on the severity of the charges against you, the complexities in the case, and the workload. An offense involving second-degree arson for burning an uninhabited dwelling generally costs less to defend than a case involving a defendant with an extensive criminal history who allegedly set a fire that injured or killed another person.

The W. James Payne Law Firm can provide an estimate for your final expenses during your initial consultation.

Speak With a Fayetteville Arson Attorney Today

At W. James Payne Law Firm, we know how daunting it can be to face arson allegations. We have years of experience, knowledge, and skills in both federal and state criminal law that can make a positive impact on your case.

Contact us today for an initial consultation, where we can learn your story and discuss defense strategies in your arson case. You may also visit our Wilmington office, located on Culbreth Drive across the street from the northeast branch of the New Hanover County Public Library and south of Mayfaire Town Center.