An individual knowingly damages or destroys another's property other than a building or occupied structure in the following ways: Sets fire to, Burns, Causes to be . Disclaimer: These codes may not be the most recent version. Malicious Burning: To willfully and maliciously set fire to or burn the personal property of another. This involves using fire or an explosion to damage someone elses building or occupied structure. A person is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion. Arson in the fourth degree is the attempted burning of property. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. 750.73 Second degree arson. Arson is a very serious crime, particularly due to the unpredictably destructive nature of fire and its propensity to endanger lives. A conviction carries: A hidden penalty for a conviction for arson in the third degree is the mark it puts on your criminal background. Like adults, children under 18 must be read their Miranda rights by Colorado police before they are subjected to custodial interrogation. Custodial interrogation in Colorado Custodial interrogation is when both of the following conditions are true: the police are asking the detainee questions, and the detainee is not free to leave If a police Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Third-degree arson (CRS 18-4-104). This is the crime of starting a fire that endangers someone else or their property. Attach another file if needed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. in prison and/or a fine of up to $10,000). Each degree carries prison time, possible fines, and restitution to the victim.. Common defenses include that the incident was an accident, that the fire started from natural causes . Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. 21 1403. Visit our attorney directory to find a lawyer near you who can help. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 2. If you're accused of violating Colorado's arson laws and are worried about a harsh punishment, take your case to an experienced attorney. in prison and/or a fine of up to $50,000, 2nd Degree Arson: Felony; up to 20 yrs. Subscribe to Justia's Fourth-degree is the least serious. Please attach any citations, booking sheets, police reports or other relevant documents. Arson; third degree; penalties. Get tailored advice and ask your legal questions. Copyright 2022, Thomson Reuters. Colorado Legal Defense Group was a great resource for legal help. A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. If you need an attorney, find one right now. It often involves an attempt to collect fire insurance money. (ii) Destroys or damages any property of another which has a value of two hundred dollars ($200.00) or more. Arson is investigated using very advanced chemical analysis techniques that are difficult to evade. Are you a legal professional? 3d 403 (Fla. 2d DCA 2016), the defendant was charged with arson in the first-degree for setting fire to a trailer home. Meeting with a lawyer can help you understand your options and how to best protect your rights. However, before reaching that point, you can read a concise guide to the law written in everyday language. . In some states, arson that leaves only minimal property damage can result in a misdemeanor conviction. CHAPTER 7 - DAMAGE TO AND INTRUSION UPON PROPERTY, View Previous Versions of the Georgia Code. 569.050. 1. 1.2 What does it mean to defraud someone? (a) Any person who willfully and maliciously attempts to set fire to or burn, or attempts to cause to be burned, or attempts to aid, counsel, procure, persuade, incite, entice or solicit any person to burn, any of the buildings, structures, or personal property mentioned in the foregoing sections, or who commits any act . Are you a legal professional? If you need an attorney, find one right now. Arson in the second degree: A person is guilty of arson in the second degree if they knowingly and maliciously cause a fire or explosion which damages a building, . CRIMES AGAINST PROPERTY. Wyoming may have more current or accurate information. Second Degree Arson - Not less than 3 years in jail and no more than 25 years. Call and tell us your situation. Attach another file if needed. Getting arrested for DUI does not mean you will be convicted. Penal Code 451 PC states that "a person is guilty of arsonwhen he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property." A conviction is a felonypunishable by a sentence of up to 9 yearsin jail or state prison. Penalties for a conviction under CRS 18-4-104, 4. Search, Browse Law Some offenses are similar to third-degree arson under CRS 18-4-104. Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person . 712.7 False reports. featuring summaries of federal and state Arson 3rd degree is where a person: 1. Punishment for arson. 73. This act must place someone in danger of death or serious bodily injury or must place another person's building or occupied structure in danger of damage. Do minors get Miranda rights in Colorado? Please try again. A fourth-degree arson conviction will result in criminal penalties which include a maximum of 10 years in prison, fines of up to $10,000 or 3 . Get tailored advice and ask your legal questions. (c) For purposes of this article, "property of another" means a building, or other property, whether real or personal, in which any person or entity other than the offender has an interest, including an insurance or mortgage interest, which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property. 1.1 How much damage does there have to be? | Last updated March 07, 2018. They have to prove them beyond a reasonable doubt. A criminal defense lawyer can gather evidence and can mount a persuasive defense on your behalf. First-degree arson (CRS 14-4-102). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Fraud involves obtaining property or money by using misleading or untruthful statements. 712.8 Threats. Let's see how we can help. Threatening, verbally or in writing, to set fire to or burn a structure; or explode a destructive device in, on, or under a structure (misdemeanor; up to 10 yrs. Willfully and maliciously, 2. 2nd Degree Arson: To willfully and maliciously set fire to or burn a structure that belongs to the person or to another. Colorado recognizes four degrees of arson. A person commits the offense of arson in the third degree if he or she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another. Resulting in damage to the property. If the dwelling burned was unoccupied at the time of the burning, the offense is Third degree arson could result in a term of imprisonment of five (5) years. Please complete the form below and we will contact you momentarily. Fourth-degree arson . Third-degree arson is a felony crime punishable by up to 15 years in prison, a fine of up to $10,000, or both. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1st Degree Arson: To willfully and maliciously set fire to or burn a dwelling or a structure in or on which an individual who is not a participant is present. Consulting with an attorney is the preferred path to take for an accurate understanding of how a statute applies to you. The range of punishment for third degree arson varies by state, but will range from two to fifteen years. 1. (1) A person commits arson in the third degree if he or she intentionally 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 person without such other person's consent. 1. Others are often charged alongside arson in the third degree. Arson, third degree; penalty. See the chart below for an easy-to-follow overview of Colorado's arson laws. 712.2 Arson in the first degree. Contact us. Arson in the fourth degree is classified as the least serious offense; arson in the first degree is the most serious offense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. court opinions. The property does not have to be destroyed.2 However, there has to be more than discoloration or scorch marks.3 Courts have drawn the line at a fire or explosion that ignites or changes the nature of a piece of property.4. Prosecutors typically charge the offense as a misdemeanor. This is the legal defense of mistaken identity. Arson in the third degree penalty. Third Degree Arson - Up to 15 years in jail. Second-degree arson (CRS 18-4-103). 2. ARTICLE 3. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Perhaps the most severe include aggravated crimes of arson. 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