Second Degree Arson Attorney in Greeley

Fire is one of the most destructive elements in nature. Rapidly, a fire can get out of control and cause an excessive amount of damage, which is costly to say the least. If accused of Second Degree Arson, District Attorneys will want all the damages to be part of restitution, along with possibly serving time in the Weld, Logan or Morgan County Jail or the Colorado Department of Corrections (DOC). The greater the damage, the greater the possible sentence.

What is the Definition of 2nd Degree Arson?

C.R.S. 18-4-103- Second Degree Arson – is defined as:

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.

In breaking down the definition, the key terms are:

  • ‘Knowingly’- the person is aware their actions will cause a specific result.
    • For Example- purposely throwing a lit match onto a dry patch of grass in a neighbor’s yard to start a fire.
  • ‘Without consent’- the property owner did not give permission.

  • ‘Other than a building or occupied structure’- the damaged property can be something like an unoccupied barn or land, but not a house.

What is the Sentence for Arson in the Second Degree?

Second Degree Arson can be charged as a felony or a misdemeanor. The deciding factor is the total amount of damage the fire caused.

  Amount of Damage

Sentence Range
Class 2 Misdemeanor *Less than $100

*3-12 months in the Weld County Jail
*$250-$1,000 fines
*Restitution
Class 4 Felony *$100 or more

*2-6 years in DOC
*$2,000 - $500,000 fines
*Restitution

How a Lawyer Can Help with Your Second Degree Arson Charges

As criminal defense attorneys with over 40 years of combined experience, we have defended several people accused of Arson. In most cases, the fires were not purposely set to cause damage. Like with most criminal cases, Fort Collins, Loveland and Estes Park Police, ‘victims’, and the public are looking for someone to blame. That is where an extensive knowledge and understanding of the law comes into play. The expert lawyers at the O’Malley Law Office care for you and your circumstances. We will not rest until we have a solid defense before your jury. It is our goal to get your charges dismissed, or an acquittal (not guilty verdict) at your trial.

CHARGED WITH SECOND DEGREE ARSON IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

Get Help Now!