Arson is one of the more aggressively prosecuted crimes in Weld County, whether the incident occurs in Greeley, Windsor, Evans, Frederick, Firestone, Fort Lupton, Mead, Dacono, Eaton, Severance, Johnstown, or in the county’s large rural areas. Because fires can spread quickly and threaten homes, farmland, livestock, and industrial facilities, Weld County investigators and prosecutors often assume deliberate or reckless behavior, even in cases involving accidents or misunderstandings.
As Weld County criminal defense lawyers, we frequently see Arson charges filed in situations where the allegations are exaggerated, the cause of the fire is unclear, or the accused person had no intent to cause any damage at all.
Greeley Arson Attorney: How Colorado Defines Arson
Colorado divides Arson into four degrees depending on the type of property involved and the defendant’s level of intent.
First Degree Arson (CRS § 18-4-102)
This is the most serious type of Arson and involves intentionally setting fire to (or causing an explosion in) a building or occupied structure.
Penalties include:
- Class 3 felony for occupied structure, Class 4 felony for building
- 2–12 years in prison (or more with aggravators)
- Substantial fines
- Mandatory restitution
In Weld County, First Degree Arson cases often involve:
- Homes, apartments, or mobile homes in Greeley, Evans, or Windsor
- Barns, sheds, or storage buildings in rural areas
- Oilfield or industrial structures
Second Degree Arson (CRS § 18-4-103)
Second Degree Arson involves intentionally burning property that belongs to someone else, excluding buildings.
Common examples include:
- Burning another person’s vehicle
- Damaging outdoor equipment or tools
- Burning items during domestic disputes
Penalties depend on property value:
- $2,000 or more → felony
- Less than $2,000 → misdemeanor or petty offense
These cases frequently arise in cities like Greeley, Windsor, Frederick, Firestone, and on agricultural properties across the county.
Third Degree Arson (CRS § 18-4-104)
This charge applies when someone damages property with fire or explosives with the intent to defraud an insurance company.
It is always a class 5 felony.
Common Weld County scenarios include:
- Vehicle fires attributed to “insurance fraud”
- Barn or equipment fires after insurance disputes
- House or shed fires occurring shortly after policy changes
Insurance driven investigations in Weld County can be aggressive and often rely heavily on questionable fire science.
Fourth Degree Arson (CRS § 18-4-105)
Fourth Degree Arson is the most common Arson charge and does not require intent to damage property. Instead, it applies when someone knowingly or recklessly starts a fire or explosion that creates a danger to another person or property.
This is especially relevant in Weld County because of:
- Open land and high winds
- Industrial facilities
- Weld’s wildfire-prone conditions
- Recreational burning and bonfires
- Agricultural burning and ditch burning
Penalties depend on whether anyone was endangered:
- If a person was at risk → Class 4 felony
- If only property was at risk → Misdemeanor or petty offense for property valued under $2,000; Felony for property valued $2,000 or more
Consequences of an Arson Conviction: A Weld County Arson Lawyer Explains
Penalties for Arson in Weld County can include:
- Jail or prison time
- Heavy fines
- Mandatory restitution (often tens or hundreds of thousands of dollars)
- Probation and fire-safety restrictions
- Loss of insurance coverage
- Difficulty finding housing
- A permanently damaging criminal record
Because Arson is viewed as a crime of extreme risk, the 19th Judicial District Attorney’s Office often pushes for severe penalties, even for first-time offenders.
Why You Need an Experienced Greeley Arson Attorney
Arson charges in Weld County often arise from accidents, misunderstandings, or disputed fire investigations. Unfortunately, prosecutors and insurance companies frequently assume intentional or reckless behavior before all the facts are known.
If you or a loved one is facing Arson allegations in Greeley, Evans, Windsor, Fort Lupton, Frederick, Firestone, Severance, Johnstown, Eaton, or anywhere in Weld County, 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 to schedule a free initial consultation. Together, we can protect your future.
Photo by Justin