Colorado Springs Arson Attorney

Not all fires are the result of a deliberate act, but the charge of arson for what might be an honest mistake can be devastating all the same. Arson is a serious crime with severe punishments and if you are charged with arson you will need the very best Colorado Springs arson attorney to preserve your legal rights and fight for the best possible outcome. 

In the state of Colorado, arson is classified into four separate degrees. Like with all crimes in Colorado, the lower the degree number, the more serious the offense is considered to be.

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First Degree Arson

An individual has committed First Degree Arson as defined by Colorado statute when they have knowingly set fire to, cause to have burned, or burned another’s occupied structure or building without their consent, or they use an explosive to destroy or damage another’s occupied structure or building.

First Degree Arson is classified as a Class 3 Felony and carries a 4 to 12-year presumptive prison sentence. For anyone who uses an explosive when committing this crime, there is a mandatory prison sentence.

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Second Degree Arson

Second Degree Arson is committed by an individual when they use explosives or fire to destroy or damage another’s property without their consent. This definition is very similar to the one for First Degree Arson. The exception is that second-degree arson does not involve an occupied structure or building. Any type of property may be subject to this charge.

The crime may be charged as a misdemeanor or felony, depending on whether the damage that s cause is less or more than one hundred dollars.

The crime is a class 4 felony whenever the damage exceeds one hundred dollars ($100,000), and it comes with a 2 to 6-year presumptive prison sentence. If the damage is less than one hundred dollars, then it is a class 2 misdemeanor and carries a potential county jail sentence of one year.

Third Degree Arson

If fire or explosives are used by an individual to destroy property with an intent to defraud, then the person has committed Third Degree Arson. It is a class 4 felony and carries a potential prison sentence of 6 years.

Fourth Degree Arson

This crime involves causing damage or danger of injury, instead of actual damage or injury being caused. Fourth Degree Arson is a type of class 4 felony if the act places someone in danger, but is a class 3 or class 2 misdemeanor if just property was endangered by the act. Controlled agricultural burns are an exception as long as it does not cause injuries to anyone.

Investigation for Arson

Usually, arson investigations do not start until the fire is put out. Denver detective and firefighters examine the fire’s remains to look for origin points or the location where the fire started. Challenges to providing that the crime of Arson occurred include being able to prove the arsonist’s identity, and why the crime was committed by the arsonist, or what their motive was.

Typical motives for committing Arson include insurance fraud, revenge, or in rare cases, for destroying evidence of other crimes that they have committed.

Contact An Arson Attorney

If you have been accused of arson in Colorado Springs, you will need the best arson attorney for the very best outcome possible. Contact Jeremy Loew for a free consultation.

NEED LEGAL HELP?

Contact Jeremy Loew for a Free Consultation Now!

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