What is third-degree arson under CRS 18-4-104? Disclaimer: These codes may not be the most recent version. 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. Third-degree arson is a felony crime punishable by up to 15 years in prison, a fine of up to $10,000, or both. Most people enjoy the comforts of a bonfire, assuming it's controlled and not meant to harm anyone or anything. This is the crime of starting a fire that endangers someone else or their property. Note: It is not considered fourth degree arson if a person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and no person suffers bodily injury, serious bodily injury, or death as a result of the fire. An individual knowingly damages or destroys another's property that is any building or occupied structure in the following ways: Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. 28-504. | Last updated September 19, 2018. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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 . A person does not commit an offense under this section if: Colorado recognizes four degrees of arson. Yes. New York recognizes differing degrees of arson, based on certain factors including: whether or not a person occupied the property; All fires have the potential to cause major destruction, but not all fires are the result of criminal action. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 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. Willfully and maliciously setting fire to or burning the contents of a dumpster or trash receptacle that belongs to another (misdemeanor; up to 30 days in jail and/or a fine of up to $500). 2nd Degree Arson: To willfully and maliciously set fire to or burn a structure that belongs to the person or to another. 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, . 712.8 Threats. 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 . Arson in the fourth degree is the attempted burning of property. Arson; third degree; penalties. Similar offenses to third-degree arson under CRS 18-4-104, Rule 16 Colorado What prosecutors are required to provide. In the context of third-degree arson, the fraud usually happens in the insurance claim. Copyright 2022, Thomson Reuters. Are you a legal professional? 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 . Name Specific details about arson and malicious burning laws in Maryland, including charges and penalties, are listed in the following table. Fraud involves obtaining property or money by using misleading or untruthful statements. If you have been accused of third-degree arson in Colorado, there are legal defenses you can raise. Others are often charged alongside arson in the third degree. Stacking is when a defendant must finish a sentence for one offense, before they begin their sentence for third degree arson. Fourth-degree arson . Learn more about FindLaws newsletters, including our terms of use and privacy policy. Some states, like New York, authorize the stacking of arson charges, even if they arose out of the same transaction. 712.5 Reckless use of fire or explosives. In some states, arson that leaves only minimal property damage can result in a misdemeanor conviction. Fourth-degree (NRS 205.025) is burning anything else. Penalties for a conviction under CRS 18-4-104, 4. Free Newsletters Third-degree (NRS 205.020) is burning unoccupied vehicles or vegetation. Arson is investigated using very advanced chemical analysis techniques that are difficult to evade. See the chart below for an easy-to-follow overview of Colorado's arson laws. 750.73 Second degree arson. Although state laws have various arson definitions, the crime is always taken very seriously. The offense of arson in the third degree is a class A misdemeanor. The third degree involves a person knowingly setting fire to property without anyone being inside of it. Arson; third degree; penalties. This is the same as first-degree arson, but does not involve a building or occupied structure. This makes it a crime to set fire in order to defraud someone. 2. They have to prove them beyond a reasonable doubt. Firms, Colorado Criminal Statute of Limitations Laws. (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 . The email address cannot be subscribed. Arson, third degree; penalty. But the use of fire in a malicious and destructive way, regardless of whether anyone is actually hurt by the act, is considered arson and carries stiff penalties. The attempt can be done with any sort of accelerant, explosive device, or with plain matches. CHAPTER 7 - DAMAGE TO AND INTRUSION UPON PROPERTY, View Previous Versions of the Georgia Code. Second Degree Arson - Not less than 3 years in jail and no more than 25 years. Some offenses are similar to third-degree arson under CRS 18-4-104. George sets his banana stand on fire so he can send his insurance company a claim for money. Attach another file if needed. 6-3-103. All rights reserved. Upon conviction, offenders typically are ordered to pay restitution for any damage caused by the arson, which may include any costs incurred by the fire department (see Criminal Procedure 11-603 for details about restitution). This is the legal defense of mistaken identity. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Arson and Other Burnings. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Visit our professional site , Created byFindLaw's team of legal writers and editors Evidence that the fire was just an accident can show you had neither intention. While buildings are often damaged by arson, the property can also be a vehicle or watercraft. Visit our attorney directory to find a lawyer near you who can help. 1st Degree Arson: Felony; up to 30 yrs. It is a Class 4 felony. A conviction carries: A hidden penalty for a conviction for arson in the third degree is the mark it puts on your criminal background. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Colorado Rule of Criminal Procedure 16 the mandatory disclosure rule governs what evidence prosecutors and defense attorneys are required to turn over to each other prior to trial. You can fight this claim by presenting evidence that it was someone else. Under Utah law, for instance, arson causing property damage of $1,500 or less is a misdemeanor. -------- 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. Attempt to commit arson; fourth degree arson; penalty. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Disclaimer: These codes may not be the most recent version. Subscribe to Justia's 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. If you've been charged with arson, malicious burning, or any other the other related crimes involving fire or explosives, it's in your best interest to contact a local criminal defense attorney to discuss your case and start preparing your defense. in prison and/or a fine of up to $30,000, 1st Degree Malicious Burning: Felony; up to 5 yrs. Are you required to do a field sobriety test? A misdemeanor arson conviction in that state can lead to a maximum of one year in jail and a fine of up to $2,500. 61-3-3. It is often charged against people suspected of trying to collect insurance money.1. The penalties for arson in South Carolina are as follows: First Degree Arson - Not less than 30 years in jail. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. It is normal to be frightened and overwhelmed following an arrest. in prison and/or a fine of up to $10,000). Third degree arson: An individual intentionally damages any property with the intent to defraud. It is often charged against people suspected of trying to collect insurance money.1 The factors that make arson third-degree arson are: The fire or explosion were intentional, Many Maryland attorneys offer free consultations. Arson is the crime of intentionally damaging properly by the use of fire or explosives. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Third degree arson could result in a term of imprisonment of five (5) years. Third degree arson is the charge when someone starts a fire that recklessly endangers another person or a building. Willfully and maliciously, 2. Penalties. If the dwelling burned was unoccupied at the time of the burning, the offense is Article 3A. Stay up-to-date with how the law affects your life. Getting a job after your release is especially difficult with a prior fraud conviction. WY Stat 6-3-103 (2014) What's This? Visit our professional site , Created byFindLaw's team of legal writers and editors Stay up-to-date with how the law affects your life. featuring summaries of federal and state Many Colorado attorneys offer free consultations. 73. Attach another file if needed. Causes an explosion or sets fire to, 3. Sec. in prison and/or a fine of up to $5,000, 2nd Degree Malicious Burning: Misdemeanor; up to 18 months in jail and/or a fine of up to $500. Arson 3rd degree is where a person: 1. Georgia may have more current or accurate information. 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. Visit our attorney directory to find a lawyer near you who can help. View Previous Versions of the Wyoming Statutes. KRS 513.030 - Arson in the second degree. 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. Mr. Stevens set a fire to the trailer home to conceal the fact that he murdered and robbed Epitacio Antonio Hernandez-Beltran inside of his trailer home. Please try again. What are legal defenses to third-degree arson? 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. And with respect to the earlier example, Maryland prosecutors will charge you with an additional offense (on top of arson) if the act of setting fire to a building was done to defraud another, such as an insurer. 569.050. This statute forbids intentionally damaging property with fire or explosives in order to defraud someone. A criminal defense lawyer can gather evidence and can mount a persuasive defense on your behalf. Visit our page on Colorado DUI Laws to learn more. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Being a Class A Felony, Arson in the 1 st degree is punishable by 20 to 50 years imprisonment. First degree: Punishable by up to 5 years in prison and fines up to $10,000. CRIMES AGAINST PROPERTY. Malicious Burning: To willfully and maliciously set fire to or burn the personal property of another. Third-degree arson (CRS 18-4-104). Second-degree arson (CRS 18-4-103). 1. 3rd Degree Arson The elements of 3rd degree arson - each of which must be proven beyond a reasonable doubt before the state can get a conviction - include: A willful and malicious intent, The person causes an explosion, sets fire to, burns, or causes to be burned, or aids, counsels or procures a burning, and 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. (b) Third-degree arson is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both. And if you think no one will find out if you set your failing restaurant on fire for the insurance money, for example, think again. 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