Arson Charges filed in Deadly New Carrollton Fire
Prince George’s County Police have identified a suspect in an apartment fire in New Carrollton in January, 2013, that left two people dead. Officers have arrested 44-year-old Anthony Andre Allain and charged him with two counts of felony murder, as well as first-degree arson. According to a witness, the defendant barricaded himself and two others in an apartment at 7600 Fountainbleau around 7:30 pm on January 13, and started a fire. Allain escaped with burns that were not life threatening, but the other two adults perished, one inside the apartment and the other after leaping from a balcony.
Under Maryland law, if you commit a felony and someone dies as a result of that act, you can be charged with felony murder. Because Allain is charged with the felony of arson, he has also been charged with felony murder. The penalty for conviction for felony murder can include life in prison.
What is Arson under Maryland Law?
Arson in Maryland is divided into degrees: first degree arson and second degree arson. What is first degree arson in Maryland? First degree arson is when a person willfully and maliciously sets fire to or burns (1) a dwelling, or (2) a structure in which or on which an individual who is not a participant is present. First degree arson is a felony. What is the penalty for first degree arson? A person who is guilty of first degree arson in Maryland is subject to imprisonment not exceeding 30 years, or a fine not exceeding $50,000.00, or both.
What is second degree arson in Maryland? Second degree arson is when a person willfully and maliciously sets fire to or burns a structure that belongs to the person or another. Second degree arson is a felony. What is the penalty for second degree arson? A person who is guilty of second degree arson in Maryland is subject to imprisonment not exceeding 20 years, or a fine not exceeding $30,000.00, or both.
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