The Degrees of Arson Charges and What They Mean
First Degree Arson – C.R.S. 18-4-102 is charged when a person “knowingly” sets fire to or burns a building or occupied structure of another person without permission and the building or structure is damaged or destroyed. This degree of arson is a:
Class 3 felony, which results in a possible prison sentence up to 12 years in prison. If explosives were used, 1st Degree Arson is considered to be an Extraordinary Risk crime, and you may be sentenced for up to 16 years in prison.
Second Degree Arson – C.R.S. 18-4-103 is defined as “knowingly” set fire to, cause to be burned, or use an explosive device on another person's property without their permission and the property is damaged or destroyed. Second Degree Arson is charged when property (other than a building or occupied structure) is damaged or destroyed.
If the damage is more than $2,000 it becomes a felony and is punishable by prison. If the damage is less than $2,000, it is a misdemeanor, which is punishable by up to 1 year in county jail.
Third Degree Arson is when a person intentionally damages any property using fire or an explosive “with the intent to defraud.”
Class 4 felony, and is punishable by up to 6 years in prison.
Fourth Degree Arson – C.R.S. 18-4-105 is charged when a person “knowingly or recklessly” starts a fire, or causes an explosion on their own property or another person's property, and in doing so, places another person in danger of serious bodily injury or death. It is also charged if a building or occupied structure is in danger of damage.
If only property is endangered and the value is $2,000 or more this becomes in a felony punishable by prison. If property is endangered and the value is less than $2,000, it is a misdemeanor
Being charged with arson can lead to serious immigration consequences and it is important to give us a call today to find out what your rights are.
It is important that you speak with an attorney before speaking with officers. A charge of arson can result in immigration consequences such as deportation and/or years of prison.
Defending an Arson Charge:
Hiring a fire investigator who can establish the cause of the fire and help determine if the fire was started due to arson. The government will hire their own specialist and it is important that you do too. Paloma Law can help defend your arson charges today.
Addressing motive
Proving who or what started the fire.
Paloma Law is a qualified arson attorney who can help you with these charges today.
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