In Weld County, if you set fire to a house or occupied building with the intention to burn it down, you could face First Degree Arson Charges. Recently, a man in Colorado Springs was seen setting fire to a house. When the man was questioned, police learned that it was a house he was living in – he is now facing Arson charges. If you are facing a First Degree Arson or any other criminal Arson charge, you need experienced defense attorneys who can get you the best outcome in your legal case. Below, the attorneys at the O’Malley Law office will discuss 1st Degree Arson charges. If you are facing Arson charges in Fort Collins or Larimer County, you can find help here.
What is the Greeley, Colorado, Legal Definition of 1st Degree Arson, C.R.S. 18-4-102?
The legal definition of 1st Degree Arson, C.R.S. 18-4-102, in Greeley, Colorado courts is:
In the story above, if the man did not own the home, then he could be charged with First Degree Arson. It is also important to note that even if he did own the home, he could still be charged with Third Degree arson if he set the fire with the intent to defraud his insurance company. He could also be charged with Fourth Degree Arson if he owned the home, but put another person at risk of serious bodily harm. If you are facing Second Degree Arson, Third Degree Arson, or Fourth Degree Arson, you can learn more about those criminal charges here.
What are the Definitions of “Building or Occupied Structure” and “To Own,” in an Arson in the First Degree Charge in Weld County?
In Weld County, the definitions in an Arson in the First Degree charge are important to understand; three of the key components are laid out below. Below you’ll find the definitions of “Building,” Occupied Structure,” and “To Own”:
“Building” is defined as: 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.
“Occupied Structure” is defined as: 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.
“To Own” means there is no one else with a possessory or a proprietary interest in the building.
With these definitions in mind, the house where the man above was living, was an “occupied structure” and unless he owned it without a loan or another person having an interest, he could be convicted of First Degree Arson.
What are the Sentence and Penalties of First Degree Arson in Erie or Windsor, Colorado?
The sentence of First Degree Arson in Erie or Windsor, involves a class 3 felony with penalties of 4 to 12 years in Colorado State Prison and a $3,000 – $750,000 fine. If the fire caused serious bodily injury or was caused by explosives, then the penalties could increase. Restitution is also required to be paid by the defendant for the value of any property damaged. To learn more about Restitution for damages in every criminal case, go here.
A 1st Degree Arson charge can have you facing a long time in prison, fines, and a felony criminal record that can impact you for the rest of your life. Having an experienced criminal Arson defense attorney at your side who can aggressively fight for your rights, can be the difference between a conviction or an acquittal.