You may face serious legal consequences if the authorities charge you with intentionally setting fire to property. Arson charges vary in severity based on factors like the type of property involved, whether people were present, and your established intent. Penalties range from misdemeanors to serious felony convictions, so knowing how prosecutors and courts categorize these criminal offenses becomes essential.
In this guide, Flesch Law Firm shares four classifications of arson offenses, ranging from misdemeanors to serious felonies.
First-degree charges apply to knowingly setting fire to an occupied structure or building belonging to another. Prosecutors pursue these charges aggressively because they view the crime as posing a direct threat to human life. The courts will consider this degree of arson particularly heinous when the fire results in injuries or deaths, and the perpetrator may face additional charges like assault or murder.
Second-degree arson charges apply when the person intentionally sets fire to an unoccupied building or structure, such as an empty house, an abandoned warehouse, or a closed business after hours. This degree still qualifies as a felony conviction in most states, as the property damage from second-degree arson can be extensive. Prosecutors must prove you had the intent to destroy the structure through fire to secure a conviction.
In Colorado, third-degree arson is defined as the intentional use of fire or explosives to damage property with the intent to defraud another person or entity. This offense typically involves insurance fraud, such as setting fire to a vehicle, building, or other personal property to collect a payout. Even if the fire causes minimal damage or poses no threat to human life, the intent to deceive makes it a serious offense.
Fourth-degree arson or lesser classifications address less serious fire-related offenses, such as recklessly starting a fire without specific intent to destroy property or aiding someone else in committing arson. It may qualify as either a felony or a misdemeanor, leading to shorter jail terms, fines, probation, or restitution to the property owner. These lesser charges still create a permanent criminal record that can affect future employment and housing opportunities.
Prosecutors consider several factors when determining which degree of arson charges to file against you. The presence of people in or near the burning structure weighs heavily in this process. The law also considers:
A felony arson conviction affects a person’s life far beyond serving time in prison or paying fines. You may lose certain civil rights, including the right to vote and own firearms, and employment opportunities. Landlords often reject rental applications from people with serious criminal records as well.
Any felony can also affect your access to federal student loans and grants, as well as professional licenses in fields like healthcare, education, and finance.
Understanding the different degrees of arson can help you recognize the seriousness of the felony charges you might face. A defense attorney can help evaluate the evidence, build a defense strategy, and protect your rights.
Flesch Law Firm handles criminal defense cases throughout Colorado. If you face an arson case or other felony charges in Lakewood, Colorado, call (303) 980-5511 to discuss your situation with our legal professionals.