Arson Charge in Greeley, Colorado Top 4 Arson Facts Leading Weld County Attorneys Want You to Know

In Greeley, and Weld County Colorado, Arson can be charged any time a fire is set intentionally, knowingly, or recklessly. Facing an Arson charge can be a felony or misdemeanor criminal offense. This mean that no matter what level you are facing, time away from you family, fines, and a criminal record are all important issues. The leading defense attorneys at the O’Malley Law Office have over 30 years of experience defending Arson cases. In this blog, our skilled attorneys will discuss the Top 4 Arson Facts you should know:

In Weld County What Are the Definitions of the Different Degrees of Arson Charges?
What is the Definition of “Building” and “Occupied Structure” in Weld County Arson?
In Greeley, Colorado, What are the Sentence and Penalties for Arson?
The Defenses to Arson and Why You Should Hire a Top Weld County Attorney

#1 In Weld County What Are the Definitions of the Different Degrees of Arson Charges?

There are 4 statues that involve Arson Charges:

First Degree Arson – C.R.S. 18-4-102
Second Degree Arson – C.R.S. 18-4-103
Third Degree Arson – C.R.S. 18-4-104
Fourth Degree Arson – C.R.S. 18-4-105

Each of these criminal charges are different depending on the type of damaged property, the value of the property damaged and who owned the property. Here are the definitions for each statute:

First Degree Arson – C.R.S. 18-4-102

A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.

Second Degree Arson – C.R.S. 18-4-103

A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.

Third Degree Arson – C.R.S. 18-4-104

A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.

Fourth Degree Arson – C.R.S. 18-4-105

A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.

#2 What are the Definitions of “Building” and “Occupied Structure” in Weld County Arson, C.R.S. 18-4-101?

It is important to understand the words that are used in the Arson definition, C.R.S. 18-4-101, because these words help define what degree or class of arson is being charged in Weld County. The definition of “Building” in C.R.S. 18-4-101 is a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. An example of this could be a house, vet clinic, store, R.V., or car.

The definition of an “Occupied Structure” in C.R.S. 18-4-101 is any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building” in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to18-4-105.

#3 In Greeley, Colorado What is the Punishment for Arson?

The punishment for an Arson charge in Greeley depends on a few things such as the type of property, the value of the property damaged and whether anyone was harmed.

Arson	Value of Property	Sentence	Penalties
1^st Degree Arson		Class 3 Felony	· 4-12 years in Colorado State Prison · A fine of $3,000-$750,000 · With 3-years mandatory parole
2^nd Degree Arson	Over $100 Under $100	Class 4 Felony Class 2 Misdemeanor	2-6 years in prison A fine of $2,000-$500,000. With 3 years mandatory parole 3-12 months in Weld County Jail A fine of $250-$1,000.
3^rd Degree Arson		Class 4 Felony	2-6 years in Colorado State Prison A fine of $2,000-$500,000. With 3 years mandatory parole
4^th Degree Arson	Over $100 Under $100	Class 2 Misdemeanor Class 3 Misdemeanor	3-12 months in jail A fine of $250-$1,000. Up to 6 months in jail, and/or A fine of $50-$750.

#4 Defenses to Arson and Why You Should Hire a Top Weld County Attorney

In Weld County, defenses to your Arson case will depend on the specific facts of your case. However, some common defenses are:

The fire was an accident
There was no arson because you did not intend or knowingly or recklessly set a fire or explosion
The property burned was your own
The owner consented to you burning the property

It is important to have experienced and skilled criminal attorneys who understand Arson laws in Colorado. The attorneys at the O’Malley Law Office know that Arson cases are prosecuted aggressively, and we can help you get the best outcome in your case.

If you or a loved one has been accused of Arson in Greeley or Weld County, exercise your right to remain silent and call the Criminal defense lawyers at the O’Malley Law Office. Call 970-616-6009 to schedule a free consultation with one of our skilled and experienced Arson defense lawyers today! Together, we can protect your future.

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