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What is Arson in the State of Washington? (Including Reckless Burning)

Arson Laws in Washington State

Facing an Arson charge can be incredibly strenuous as the penalties for Arson in the First Degree or in the Second Degree can be incredibly steep under Arson Laws in Washington. Arson, as defined by the Revised Code of Washington (RCW), is when one “knowingly and maliciously” causes fire or an explosion inflicting damage.

What are the potential penalties for Arson?

In the State of Washington, the potential convictions for Arson can be either a Class A or Class B Felony conviction. These convictions carry maximum penalties that range from 10 years to life in prison. The severity depends on  a number of factors including how much damage was inflicted as well taking into account whether or not you endangered lives in the act.

Arson 2nd Degree: Arson in the Second Degree is when one “knowingly or maliciously” causes damage to a building, structure or property by way of fire or an explosion. It is considered a Class B Felony and is punishable by up to 10 years in prison and up to a $20,000.00 fine.

Arson 1st Degree: Arson in the first degree is not only “knowingly or maliciously” causing a fire or explosion to damage a building, but also endangering human lives. This can be firefighters, people who live in the burning structure/building, or anyone who is present that is not participating in the crime. Insurance fraud also falls under this statute, as causing a fire or explosion on a property that is worth $10,000.00 or more with the intent to collect insurance money is also considered Arson in the First Degree. This charge is a Class A Felony carrying penalties ranging up to life in prison and up to $50,000.00 in fines.

What if I caused an accidental fire or explosion? 

The most important piece that the prosecutor must prove in any case of arson is your intention. Causing a fire by leaving a campfire unattended, incorrect equipment use, or negligently discarded cigarettes do not count as arson.

Reckless Burning 2nd Degree: Reckless Burning in the Second Degree is committed when one endangers a building, or other property with fire. Reckless Burning in the Second Degree is a gross misdemeanor, punishable by up to 364 days in prison, and $5,000 in fines.

Reckless Burning 1st Degree: Reckless Burning in the First Degree is charged when a person recklessly starts a fire that damages a building or other property. The key difference between Reckless Burning and Arson is the intention behind it, as Reckless Burning assumes there was no malicious intent. Reckless Burning in the First Degree is a Class C Felony carrying up to 5 years in prison and $10,000.00 in fines.

Understanding the seriousness of Arson Laws in Washington State

Arson is a serious crime in Washington and is taken very seriously by the legal system. If you are convicted of arson, you could face significant penalties, including fines, jail time, and even life in prison in some cases. It’s important to note that arson charges can be complex and require a thorough investigation by law enforcement. In some cases, the evidence against a defendant may not be clear, and there may be potential defenses or mitigating circumstances that can be raised in court.

Committed to helping you

If you are facing arson charges, it’s important to work with a skilled and experienced criminal defense attorney who can help protect your rights and build a strong defense on your behalf. Your attorney can review the evidence against you, investigate the circumstances and situation of the alleged crime, and work to build a defense strategy that is tailored to your specific case.

In addition to facing criminal charges, arson defendants may also face civil lawsuits for damages caused by the fire. If you are facing both criminal and civil charges, it’s important to work with an attorney who has experience handling both types of cases. The Law Office of Erin Bradley McAleer will work to investigate, defend, and build a strong case to provide you with the best outcome possible.

Set up a confidential consultation with the Law Office of Erin Bradley McAleer today and discuss your options and case with one of our highly experienced and knowledgeable attorneys. 

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Vehicular Homicide and What to Do

Vehicular Homicide Laws in Washington


Fatalities in car accidents may seem like a rare occurrence, but it is not out of the question. In the State of Washington, 745 fatalities occurred from car accidents alone last year. Getting into a car accident which results in the death of another person has serious legal consequences like being charged with Vehicular Homicide in Washington. In serious cases such as vehicular homicide, defenses can be very technical and demand intuition and understanding. Understand the legal implications and consequences. Learn about Vehicular Homicide laws in Washington. Hiring a knowledgeable and experienced attorney is in your best interest as it will likely affect the outcome of your case. The Law Office of Erin Bradley McAleer handles a number of vehicular homicide cases each year, and has many skilled lawyers ready to vigorously defend you in court.

When can I be charged with vehicular homicide?

The Revised Code of Washington (RCW) has three main prongs under which you can be charged and convicted of vehicular homicide. It is considered a class A felony  as it carries up to life in prison and up to $50,000 in fines. Additionally a conviction brings along a strike offense. Racking up three strike offenses in the State of Washington is an automatic life imprisonment sentence. Travel and license restrictions may be imposed on you, as well as mandates for treatment.

Driving Under the Influence: Driving while having alcohol or THC from marijuana in your bloodstream will generally fall under DUI. Being intoxicated with a blood or alcohol level of at least 0.08 or TCH concentration of 5.00 is considered Driving Under the Influence. Having a lower level of intoxication than the legal limit can still impair your ability to drive and play a causal role in such an accident. This is the most serious of the three as depending on your sentencing 2 years can be added for every prior infraction of the alcohol and drugs as outlined in a related statute going on to reference penalties, fines and treatment of alcohol and drug related convictions.

Reckless Driving: This generally means endangering others on the road due to the way in which you are operating your motor vehicle. Inattentiveness, high speeds, or aggressive driving can be considered as reckless driving.

Disregard for the Safety of Others: Operating a motor vehicle in such a manner in which it isn’t quite considered reckless driving but also not considered ordinary negligence, falls under this category. Distracted driving or being on your phone driving are a couple of good examples of this.

Vehicular homicide can get complicated quickly

In November of 2022 Liming Gao was driving on North East 130th Street when his car went off of the overpass and landed on I-5, causing an accident involving multiple vehicles which proved fatal for a 29 year-old woman. At the scene the police went on to conduct a field sobriety test in which Liming Gao was suspected of driving under the influence prior to the accident. Gao’s bail was set at $2 million and was charged with vehicular homicide.

Vehicular homicide cases are very complex and serious cases with a number of moving components. The state may also take several months of investigating before you are charged, so retaining a lawyer as soon as possible and starting your own investigations will be crucial. Having a skilled lawyer to handle your case will allow for a thorough analysis of your case, helping the overall outcome of your case. Given the strict liability character of these offenses, a skilled practitioner and even accident specialists might be needed in order to defend you properly. If you were Gao wouldn’t you want highly experienced and skilled lawyers defending your case? At the Law Office of Erin Bradley McAleer we can offer you highly skilled legal professionals, ready to defend you and provide the best possible outcome.

Call the Law Office of Erin Bradley McAleer and schedule a consultation with us today.

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Charged With Hit and Run. Now What?

Consequences of Hit and Run in Washington

Being engaged in a Hit and Run may be stressful and have a long-term impact on your criminal record. It is generally the result of an accident, but it can have significant implications, such as jail time. There can be several reasons for your Hit and Run such as getting stressed when hitting the vehicle you hit and you fleeing the scene. Being drunk, injured, confused, or any form of incapacitation may also be reasons for the Hit and Run. Ultimately, regardless of the reason, you failed to submit the essential information when you damaged another person’s property or car, and as a result you may now face a Hit and Run prosecution as a result. The attorneys at the Law Office of Erin Bradley McAleer understand that there may be extraneous circumstances leading to the Hit and Run, and we are devoted to presenting and defending you in a court of law. If you find yourself facing Consequences of Hit and Run in Washington, our experienced team will stand by your side throughout the legal process.

What are the different Types of Hit and Run Charges and Consequences in Washington?

Hit and Run Unattended:

Hit and Run in the State of Washington is defined as when a driver or an operator of a vehicle crashes into another vehicle, and then proceeds to flee the scene. If you crash into an unattended vehicle, such as a parked car, you are required by law to locate its owner or leave a note with your contact information and address. If you leave the damaged vehicle without your due diligence, it is considered a misdemeanor in the State of Washington. Misdemeanors are punishable by a maximum of 90 days in jail, and a $1,000 fine.

Hit and Run Attended:

When you crash into an attended or occupied vehicle, you are also required to locate the owner and provide him with pertinent information such as name, address, driver’s license information, and insurance. Fleeing from the scene without stopping and giving your information to the other driver will result in a gross misdemeanor Hit and Run charge. A gross misdemeanor’s maximum sentencing is 1 year in jail and a $5,000 fine.

Hit and Run Property Damage:

Damaging someone else’s property with your vehicle and fleeing may also result in a Hit and Run charge. You are still responsible for providing the damaged property’s owner with your information, failure to do so will also result in a misdemeanor Hit and Run.

Hit and Run Death or Injury:

A Hit and Run resulting in someone else’s injury or death is typically the most serious Hit and Run charge. Fleeing the scene and failing to contact or wait for authorities will result in a felony charge, and the severity of the felony depends on if the person was injured or killed in the accident. An accident resulting in an injury is a class C felony, which carries a maximum of 5 years in prison and a $10,000 fine. Death as a result of the accident in a Hit and Run is a class B felony with a maximum of 10 years in prison and a $20,000 fine.

Being involved in a Hit and Run can have serious legal and personal consequences. Having the right attorneys representing you can have a massive impact on how your case turns out. The Law Office of Erin Bradley McAleer is equipped with the right expertise to handle your case.

What am I required to do when I am in an accident?

To keep yourself safe in any circumstance when you are involved in an accident there are several crucial steps one must take care to complete. Stop immediately as close as possible to the scene of impact or crash, contact authorities and DO NOT LEAVE THE SCENE. Find the owner of the damaged property. If you cannot locate the owner, a written note in a conspicuous place is required by law. The information that you should give the owner or write on the note is as follows:

  • Full name
  • Address
  • Insurance company
  • Insurance policy number
  • Vehicle license number
  • Driver’s license must be written down or shown to the victim

How can it be resolved?

There are several defenses that are used for Hit and Run accidents. Defenses are highly contingent on the person’s intent and the facts and circumstances that are involved in your particular case. You may have just not realized that you damaged it by accident and you left the scene without knowledge of the damage. Maybe you realized that you damaged the vehicle or property and left a note but the note was misplaced by the owner or the note was blown away by the wind. Even if you did leave the scene and didn’t comply with the strict requirements of the law, a skilled attorney may be able to resolve your case without a conviction through a process known as a civil compromise which involves paying for the damage caused or getting your insurance to pay for it, or entering into a diversionary program among other ways to resolve the case.

In any case it is highly recommended that you have an attorney representing you, since every case is unique. The attorneys at the Law Office of Erin Bradley McAleer are ready and willing to represent and defend you in a court of law. Give us a call today to schedule a consultation.