Based on misnomers from television and movies, many people think Domestic Violence is a criminal charge. In Greeley, Erie, and Evans, however, it is not. It is actually a sentence enhancer that can be added to any underlying crime if it occurs against a person with whom the accused has been in an intimate relationship. This means any crime can be a Domestic Violence offense – including Arson. A Colorado Springs man was recently arrested for Domestic Violence Arson after allegedly setting his wife on fire. According to the news report, the man poured some sort of accelerant on his wife and then set her car on fire with her in it. Another family member was in the car at the time of the incident. The man was later arrested and charged with Attempted 1st Degree Murder as an act of Domestic Violence and 2nd Degree Arson as an act of Domestic Violence.
Weld County 2nd Degree Arson: What is the Lawyer’s Definition of Second Degree Arson?
The Colorado law definition of Second Degree Arson – C.R.S. 18-4-103 – is:
Technically, by setting fire to the wife, he also caused the car to go up in flames. The fire caused damage to the woman’s car which is her property, but not a building or occupied structure. This would have been the same charge if the man had set fire to his wife’s car without her actually being present in the car. The Arson charge only applies to property in Weld, Morgan, and Logan County. Because the wife was burned in the fire, the man was charged with the Attempted First Degree Murder.
Greeley Arson Domestic Violence Lawyer: What is the Sentence / Punishment for a Domestic Violence Arson Charge?
Second Degree Arson can be charged as a felony or misdemeanor based on the amount of damage the fire caused in Greeley. Class 2 misdemeanor 2nd Degree Arson is charged when the damage is less than $100. If the damage is $100 or greater, the Second Degree Arson is charged as a class 4 felony. With the Domestic Violence Sentence Enhancer, more sentence requirements are added beyond the punishments normally involved in the underlying crime. With the DV sentence enhancer, the accused will have to complete Domestic Violence treatment among other collateral issues that arise with a Domestic Violence offense. (Read more about the DV sentence enhancer here.)
If you or someone you love has been charged with Second Degree Arson or a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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