Second Degree Arson Charge Definition from Affordable Criminal Lawyers in Greeley, Colorado

Accused of Arson in Greeley or Weld County? Call the Criminal defense lawyers at the O’Malley Law Office at 970-616-6009.

In Greeley, Colorado, a person can face a Second Degree Arson charge if they knowingly set a fire to or burn another person’s property, as long as that property is not an occupied building or structure.  A man in Grand Junction found this out after being charged with 2nd Degree Arson. Allegedly, the man set two vehicles on fire following a Domestic Violence dispute. A Second Degree Arson charge  can lead to lengthy prison time served and large fines. Having the top affordable Lawyers at the O’Malley Law Office on your side can be the difference between a lengthy jail sentence and staying out.. If you have questions about your Arson charge, call our office today and read below to find out more about 2nd Degree Arson. If you are facing Arson charges in Fort Collins, find help here.

What is the Definition of 2nd Degree Arson, C.R.S. 18-4-103, in Weld County?

2nd Degree Arson, C.R.S. 18-4-103, in Weld County is defined 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 property of another without his consent, other than a building or occupied structure, commits second degree arson.

Simply put, because the property that was set on fire in the above story was a car that did not belong to the man, he could be convicted of 2nd Degree Arson if he is found to have knowingly set the fire.

What is the Greeley, Colorado Definition of a Building or Occupied Structure and Property?

In Greeley, it is important to know the definition of a Building or Occupied Structure and/or Property, because those words distinguish between the First, Second, Third, and Fourth Degree Arson. Those words are defined in C.R.S. 18-4-101 as:

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.
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.
Property is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.

Weld County Court Penalties and Sentence of Second Degree Arson

The sentence and penalties for Second Degree Arson, in Weld County, are dependent on the monetary amount of damage that occurred to the property. If the damage was under $100, then the sentence is a class 2 misdemeanor. The punishment for Second Degree Misdemeanor Arson can include 3-12 months in the Weld County Jail, and a fine of $250-$1,000. If the damage that occurs is more than $100, then the sentence is a class 4 felony in Colorado. Penalties of a felony conviction for 2nd Degree Arson can include 2-6 years in Colorado Department of Corrections, a fine of $2,000-$500,000 and 3 years of mandatory parole.

How is a 2nd Degree Arson Property Damage Value Determined in Greeley, Colorado?

In Greeley, the value of the property that was damaged in a 2nd Degree Arson Charge is determined by a jury. This is based off of the evidence that is provided by the prosecution during a trial. If a conviction happens, Restitution will be ordered to be paid to the victim for the damages by the defendant. Remember, it is the cost of damage necessary to repair the property which is important, not the value of the property damaged. To learn more about Restitution, click here.

When a fire happens there is a lot of pressure for the Greeley Police and Fire Departments to look for an Arson cause. Having an affordable criminal defense lawyer who can fight for your rights and understands Arson cases is important.

If you or a loved one has been accused of Arson in Greeley or Weld County, exercise your right to remain silent and call the Criminal defense lawyers at the O’Malley Law Office. Call 970-616-6009 to speak with one of our skilled and experienced Arson defense attorneys today! Together, we can protect your future.

Image by Hermann Kollinger from Pixabay