If you are found setting a property, land, or structure on fire, you are going to be charged with Arson in Colorado Springs, El Paso County or Teller County.
However, the severity of the offense will differ based on several factors and the type of arson, the kind of property destroyed and the way the fire was started.
You Need An Arson Attorney
If you are charged with arson in Colorado Springs or surrounding areas, you will need an experienced Colorado Springs criminal defense attorney at your side.
For this reason, if you have been charged with Arson, below are the description of the charges that may be laid against you:
First Degree Arson
According to Colorado Statute, a person will have committed First Degree Arson when they knowingly set fire to a structure or burn another person’s occupied building, or set explosives to destroy or damage another person’s building or occupied structure.
It is important to note that this type of Arson is classified as a Class 3 felony. This comes with a 4 to 12-year possible prison sentence. If a person uses explosives when committing a crime, it will become a compulsory prison sentence.
Second Degree Arson
According to the Colorado Statute, a person will have committed Second Degree Arson if they set fire or use explosives to damage or destroy another person’s property without their consent.
Although this seems similar to the first Degree Arson, the only difference is that it includes occupied buildings or structures. As such, any type of building may be subject to this charge.
Depending on the damage, the criminal charge for this crime may be a misdemeanor or felony. The crime is classified under Class 4 Felony when the damage exceeds $100,000. It comes with a 2 to 6-year possible prison sentence.
On the other hand, if the damage is less than the specified amount, it will be classified under Class 2 Misdemeanor and comes with a possible 1-year county jail sentence.
Third Degree Arson
According to Colorado Springs Statute, if a person uses explosives or fire to destroy property to defraud an organization, state, or any relevant body, then that person will have committed Third Degree Arson. It carries a Class 4 Felony and comes with possible 6-year imprisonment.
Fourth Degree Arson
According to the city’s Statute, if a person causes danger of injury or personal damage, rather than causing actual property damage, that person will have committed Fourth Degree Arson. In other words, if the act places another person’s life in danger, the crime will be classified under class 4 Felony. However, it will be classified under class 3 or class 2 if only the property was destroyed.
It is important to note that controlled agricultural burns are the exception as long as it does not place another person’s life in danger or cause injury to another person.
An Arson investigation will not begin until the fire is extinguished. After this, both Colorado Springs Firefighters and police detectives will work to determine the the source or origin point of the fire. As such, for one to be charged with Arson in Colorado Springs, the police must establish or collect evidence showing how the fire began, the identity of the arsonist, and the reason the crime was committed, or the motive behind it.
The most common motives for Arson include:
• Insurance fraud
• Destroying evidence of another crime (although rare)
Sometimes there is a disturbing psychological component to arson which is still punishable under the law.
Get The Best Arson Attorney
If you have been accused of Arson in Colorado Springs, you will need the services of an experienced criminal lawyer. The lawyer will work to ensure you get the best possible outcome.
Contact The Kohn Law Firm today for a free consultation.
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