Have you been charged with Arson in Weld County? Hiring a top Arson criminal defense attorney is the best thing you can do to have your charges lowered or even completely dismissed. In Colorado, a person who intentionally, knowingly, or recklessly sets fire to any property can be charged with Arson. There are 4 different degrees of Arson, which are charged based on intent, whether property was endangered or damaged, and to whom the property belonged. Below, our attorneys discuss the differences between Arson charges in Colorado. If you have been charged in Fort Collins or Larimer County, get help here.
Degrees of Arson in Colorado
Arson is charged as one of four different degrees in Colorado depending on the property involved, who owned the property, intent, and the amount of damage. These degrees are:
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.
Definitions of “Building” and “Occupied Structure” in Weld County
In Weld County, 1st Degree Arson is charged when a person sets fire to another person’s building or occupied structure, whereas 2nd Degree Arson is charged for setting fire to any other type of property. Under Colorado law, “building” and “occupied structure” are defined under C.R.S. 18-4-101 as follows:
Building” means 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.
Occupied structure” means 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 to 18-4-105.
Penalties for Arson in Greeley, Colorado
In Greeley and throughout Colorado, the penalties for an Arson conviction depend on the degree charged and the property that was damaged. 1st Degree Arson is a class 3 felony with penalties of 4-12 years in a Colorado State Prison, a fine of $3,000-$750,000, and 3 years of mandatory parole. 2nd Degree Arson can range between a petty offense and a class 2 felony, depending on the amount of damage caused by the fire. 3rd Degree Arson is a class 4 felony, punishable by 2-6 years in prison, a fine of $2,000-$500,000, and 3 years of parole. Finally, 4th Degree Arson depends on the amount of property that was endangered. However, if a person was endangered, Fourth Degree Arson is charged as a class 4 felony.
Talk to a Top Weld County Arson Attorney Today
Hiring a top Weld County Arson attorney to represent you in court will mean all the difference in the outcome of your case. Time in a Colorado prison, fines, thousands of dollars in restitution, and a criminal record can impact you for the rest of your life. An experienced lawyer can protect you from penalties like these wrecking your future, freedoms, and finances. Don’t wait, and contact us today so that we can help you protect your future at the Weld County Courts.
If you or a loved one has been accused of Arson in Greeley or Weld County, first exercise your right to remain silent. Then call the top criminal defense lawyers at the O’Malley Law Office today at 970-616-6009 to talk about your Arson case. Together, we can protect your future.
The Weld County Courthouse is located at 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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