A Black Hawk man was convicted of Arson last year after he set fire to his own bed and breakfast. According to reports, he started the fire to collect insurance money, because he was struggling financially. Arson charges can be serious if other homes or lives are put in danger in Weld County or anywhere in Colorado. In fact, Attempted Murder charges are often added to Arson charges, because people’s lives are often danger when fires are set intentionally. In the bed and breakfast owner’s case, he was convicted of Arson in the first and third degree. Let’s look closer and this crime to determine how it is charged in Greeley, Evans, and Erie.
Convicted of Arson: A Look at the Crime in Colorado
For the purposes of this blog, we’ll cover First Degree and Third Degree Arson. Let’s look at each one separately:
- First Degree Arson – C.R.S. 18-4-102, is charged in Weld, Morgan, or Logan County whenever someone intentionally starts a fire (including using explosives) and the fire destroys or damages a building without the permission of the owner or occupier.
- Third Degree Arson – C.R.S. 18-4-104, is charged whenever a person knowingly damages any property using fire or explosives, with the intent to defraud.
The B&B owner was convicted of Arson in the first and third degree. This is likely because, while setting fire to his home to get the insurance money was his intent, the fire probably spread to or endangered( Black Hawk is a small community but the homes are close together) other homes and / or businesses. Because of the fire damage or risk to other buildings, the Black Hawk man was convicted of First Degree Arson as well as Third Degree.
It is important to work with an experienced attorney, as you can see in the case of the B&B owner.
What is the Sentence if a Person is Convicted of Arson?
1st Degree Arson is a class 3 felony (which carries a possible sentence of up to 12 years in prison), while 3rd Degree Arson is a class 4 felony (which carries a possible sentence of up to 6 years in prison). The B&B owner must have had a good criminal defense attorney fighting on his behalf, because he was sentenced to a jail work release program, five years of probation, and community service. This was a wise sentence on the judge’s part – the B&B owner won’t be sitting in prison, and will be able to pay restitution by working. Keeping non-violent offenders out of our prison system saves taxpayers millions of dollars. And, the B&B owner’s ability to work and pay restitution will greatly help the people whose homes or businesses were damaged.
If you or a loved one has been charged with Arson in Greeley or Weld County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
Image Credit: Pixabay – tpsdave