Microwavable Wallet? | Arson in Weld County

How is Arson charged in Greeley and across Colorado?

Living in an apartment means sometimes you have to deal with your neighbor’s noises, smells, and anger. How you handle these disagreements says a lot about you. One neighbor must have been really fed up with something his neighbor was doing when he decided to break into his neighbor’s apartment, force the man onto his balcony, and microwaved his wallet in an attempt to start a fire. To help get the fire going, he piled a collection of lighters next to an electric heater and turned the heater on. While reports did not disclose what the disagreement was about, this is a pretty radical reaction. When firefighters arrived, there was smoke in the apartment but no active fire. The man is now being charged with Arson, Burglary, and False Imprisonment.

First Degree Arson in Greeley

C.R.S. 18-4-102 – 1st Degree Arson – is defined by Colorado law as:

A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.

The man above purposely tried to set fire his neighbor’s apartment, obviously without the neighbor’s permission. As a class 3 felony in Greeley, Erie, and Evans, First Degree Arson is punishable with 4 to 12 years imprisonment in the Colorado Department of Corrections.

First Degree Burglary in Weld County

Colorado law defines C.R.S. 18-4-202 – 1st Degree Burglary – as:

A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.

While the news story did not disclose the weapon the man brought into the apartment, he used the weapon to threaten the neighbor and get him out onto the balcony. He broke into the neighbor’s apartment in order to commit the Arson, which is why he was charged with First Degree Burglary. In Weld, Morgan, and Logan County, Burglary in the First Degree is a class 3 felony. It carries the same penalties as First Degree Arson and if he is convicted of both charges, he could face up to 24 years in prison.

False Imprisonment in Windsor, Berthoud and All Across Colorado

C.R.S. 18-3-303 – False Imprisonment – is defined by Colorado law as:

Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section shall not apply to a peace officer acting in good faith within the scope of his or her duties.

Normally False Imprisonment is a class 2 misdemeanor. However, it can be charged as a class 5 felony if:

  • The person uses force or threat of force to confine or detain the other person; AND
  • The person confines or detains the other person for 12 or more hours.

Luckily for the man in the story, he did not commit both elements, so he avoided another felony charge. He did use threat of force to get the man on the balcony, but he did not hold him there for 12 hours, leaving him facing a class 2 misdemeanor False Imprisonment charge. Class 2 misdemeanors are punishable with 3 to 12 months in Weld County Jail, but that pales in comparison to what he is facing with the felony charges.

If you or someone you love has been arrested for Arson, False Imprisonment, or Burglary, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 616-6009 to set up a free consultation. Together, we can protect your future.

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