Setting fire to a house or occupied building with the intention to burn it down is First Degree Arson in Weld County. When any criminal charge includes Arson against an intimate partner, then a Domestic Violence Sentence Enhancer will be added to the underlying crime. Recently in Pueblo, Colorado, a man was charged with Arson, Domestic Violence, and other charges after police and firefighters responded to a house fire. Our defense attorneys know that facing Arson, Domestic Violence, or other criminal charges for starting a fire can be overwhelming. Below our Arson attorneys discuss these charges and why it is important to have a skilled attorney to help you navigate these charges.
What is the Colorado, Legal Definition of 1st Degree Arson, C.R.S. 18-4-102?
The legal definition of 1st Degree Arson, C.R.S. 18-4-102, in Colorado is:
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.
Put simply, if you set fire to any occupied structure or building you can face 1st Degree Arson. The man in the above story may be convicted of this crime if the prosecution can prove the man started the house on fire. There are three other degrees of Arson: Second Degree Arson, Third Degree Arson, or Fourth Degree Arson, you can learn more about those criminal charges here.
Weld County Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, Definition
Domestic Violence, at C.R.S. 18-6-800.3, is defined in Weld County as:
An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
What is an “Intimate Relationship” in C.R.S. 18-6-800.3, Domestic Violence Charge, in Windsor, Ault, or Severance, Colorado?
In Windsor, Ault, Severance, or across Colorado, C.R.S. 18-6-800.3, defines “intimate relationship” in a Domestic Violence charge as:
a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time
This broad definition of “intimate relationship” is important to know because anytime a person is involved in a criminal charge with an intimate partner then a Domestic Violence Sentence Enhancer can be applied.
Penalties and Sentence for First Degree Arson in Weld County
In Weld County Court, the sentence for First Degree Arson is a class 3 felony with penalties of 4 to 12 years in the Colorado State Prison and a $3,000 – $750,000 fine. Serious bodily injury or use of explosives in a First-Degree Arson case, can increase the penalties. Restitution will also be required to be paid by the defendant for the property value damaged. If you are facing Restitution for a large amount of money, you can learn more about Restitution here.
What Happens with a Conviction for Domestic Violence Greeley Court?
When there is a Domestic Violence, DV Sentence Enhancer in Greeley, this simply means that the punishment and penalties are increased from the original criminal charge, and consequences such as DV Treatment and the loss of firearm privileges will result from a conviction. In the case above, this means the man can face harsher penalties upon conviction for Arson.