Arson is charged in Greeley and Weld County when a person is responsible for a fire. It does not always have to be intentional, even though we often associate Arson with intentionally setting a fire for nefarious purpose. Recently, fires had overtaken Colorado with four different fires burning across the state. It is currently being reported that two of those fires are suspected to be ‘human-caused.’ Let’s take a look at the four degrees of Arson that can be criminally charged in Weld, Morgan, and Logan County.
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Navigate this blog: What is First Degree Arson in Greeley? Second Degree Arson Charges in Weld County |
What is First Degree Arson in Greeley?
1st Degree Arson is defined by Colorado law under C.R.S. 18-4-102 as:
The key to First Degree Arson is that someone knowingly set a fire to a building or structure (like a home). It is charged as a class 3 felony if it is the arson of an occupied structure and a class 4 felony if it is the arson of a building.
Second Degree Arson Charges in Weld County
In Greeley and Weld County, Colorado, 2nd Degree Arson – C.R.S. 18-4-103 – is defined as:
Like with First Degree Arson, Second Degree Arson is also done knowingly, but it is of property that does not include a building or occupied structure. 2nd Degree Arson is charged based on the value of the property, ranging from a petty offense (property valued at less than $300) to a class 2 felony (property valued at $1,000,000 or more.)
Greeley Attorney for Third Degree Arson Charges
Found under C.R.S. 18-4-104, 3rd Degree Arson is defined by Colorado law as follows:
For Third Degree Arson, the must have the intention of damaging any property with the added element of defrauding. We generally see these types of cases when someone sets fire to property to collect insurance money. 3rd Degree Arson is a class 5 felony.
How is Fourth Degree Arson Charged in Colorado?
The Colorado law definition of 4th Degree Arson – C.R.S. 18-4-105 – is:
The difference for Fourth Degree Arson is the added mentality of recklessly and that the fire places others in danger of injury. If someone is ever identified to have been the cause of the recent fires, this is likely what they will be charged with. It may be as simple as they were camping and lit a campfire, even though there was a strict ‘no fire’ ban. Because there were evacuations and property was damaged (there was even one reported death), this would likely be the charge. 4th Degree Arson is a class 4 felony is a person was endangered. It can also be charged if property was endangered – with the value of the property determining whether it is a petty offense all the way to a class 2 felony.
If you or someone you loave has been charged with Arson in Greeley / Weld County, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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