In Weld County, if you intentionally set fire to a building or occupied structure, with the intent to damage or destroy the property, you could be charged with 1st Degree Arson. Recently in Fountain, two teenagers (both 18 years old) were accused of setting fire to a new build home in a construction site. If you are accused of 1st Degree Arson, you will need an experienced attorney to help you fight for your rights and future.
How is 1st Degree Arson Defined in Greeley, Colorado?
In Greeley, Colorado, First Degree Arson is defined at C.R.S. 18-4-102, as follows:
This means that since the teenagers, in the above story, caused damage to the building they could be charged with and convicted of 1st Degree Arson. There are different degrees of Arson Charges to consider and you can learn more about them here.
What is the Sentence for First Degree Arson in Weld County?
In Weld County, First Degree Arson is a class 3 felony and the penalty is a mandatory minimum prison sentence of 2 years and a maximum of 32 years in prison, or the DOC. First Degree Arson is considered a crime of violence which causes the sentencing to be more severe. This occurs because the threat to human life is so great with a fire.
What is the Definition of a Building or Structure in Greeley, Colorado?
The definition of a building or structure in Greeley, Colorado is important when discussing Arson. If a person is accused of Arson, the location where the fire is set determines the degree of Arson. Specifically, in 1st Degree Arson, it is specific to damage or destruction done to a building or occupied structure.
C.R.S. 18-4-101 defines “building and “occupied structure” as follows:
As used in this article, unless the context otherwise requires:
(1) “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present.
(2) “Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building” in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to 18-4-105.
In terms of the case involving the teenagers charged, the new build construction site was designed for shelter, so it was classified as a “building.”
Defense to Arson Charges in Greeley, Colorado Courts
There is a possible defense to the Arson charge in Greeley courts. It could be that the teens did not know that the home was occupied by anyone, and so they did not meet the definition of “occupied structure.” However, for purposes of the teenagers charged, First Degree Arson is met whether the home under construction is defined as a building or occupied structure. A defense would be to consider whether the construction was complete or not, thereby throwing into question whether it was properly classified as a building at the time of the fire. At what point does a new home construction become a building? Half-way through construction? Three quarters? Or, must the home build be complete?
If you or someone you love has been charged with First Degree Arson, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image by István Asztalos from Pixabay