The 2 most common legal defenses to third-degree arson are: You did not intend to set the fire or defraud anyone, and; You were not the one who set the fire. Penalties. A conviction for third-degree arson under CRS 18-4-104 carries the following penalties: A minimum $2,000 fine, 2 to 6 years in jail, and; Paying victim restitution.
The value of the property was less than $25.00: Arson in the third degree applies when the value of the property is $25.00 or more. If the property is valued at less than that, then you cannot be charged with arson in the third degree. The damage was not done by fire or explosive: Third-degree arson requires that the destruction is done by fire or explosive. If there is proof that the …
Arson in the third degree in Georgia is defined as intentionally using explosives or fire to damages at $25. A Georgia criminal lawyer can advise you of your best defenses in a lawsuit. LegalMatch can help you find the right lawyer for your case to help you recover losses.
As a Class 4 felony, Third Degree Criminal Arson, C.R.S. 18-4-104, is punishable by: a two to six year prison sentence; three-years parole; restitution ranging anywhere from $2,000 to $500,000
Third-degree arson is laid out in CRS 18-4-104. This statute forbids intentionally damaging property with fire or explosives in order to defraud someone. It is often charged against people suspected of trying to collect insurance money. 1.
First-degree arson (CRS 18-4-102). This involves using fire or an explosion to damage someone else’s building or occupied structure . Second- degree arson (CRS 18-4-103). This is the same as first-degree arson, but does not involve a building or occupied structure. Fourth-degree arson (CRS 18-4-105).
Violating CRS 18-4-104 is a Class 4 felony. A conviction carries: At least $2,000 in fines, Between 2 and 6 years in jail, and. Payment of victim restitution. A hidden penalty for a conviction for arson in the third degree is the mark it puts on your criminal background.
There are 3 other classes of arson in Colorado: Fourth-degree arson (CRS 18-4-105), which involves endangering someone else or their property by setting a fire, Second-degree arson (CRS 18-4-103), which involves damaging someone else’s property with fire, and.
Fraud involves obtaining property or money by using misleading or untruthful statements. In the context of third-degree arson, the fraud usually happens in the insurance claim. Courts pay attention to recent insurance payments and decisions to see if there was fraud. 5. 2.
This is the crime of starting a fire that endangers someone else or their property. Criminal mischief (CRS 18-4-501). This involves damaging someone else’s property without their consent. It does not require fire or an explosion.
Prosecutors also have to prove that you were responsible for the fire. You can fight this claim by presenting evidence that it was someone else.
There are multiple ways in which a person can commit arson in the third degree. O.C.G.A. §16-7-62 (a) states that a person commits arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
A person convicted of arson in the third degree in Georgia will be punished by a fine not to exceed $10,000, or by a prison term between one and five years, or both. It will be a felony conviction.
Arson is broken down into three different degrees: first-degree arson, second-degree arson, and third-degree arson. It is important to understand the differences between each degree and how to best defend against the charge. Lawson and Berry and their team of Georgia Third Degree Arson Attorneys have decades of criminal experience and understand to craft the best defense based on your specific case. Contact our office for a free case evaluation.
I was not the one to damage the property: You do not have to be the one who actually harms the property to be convicted of third-degree arson. If there is proof that you encouraged, hired, counseled, aided, caused, or advised another to damage the property that will be sufficient.
Arson in the first degree focuses on a person knowingly damaging or helping to damage another person’s property that is intended to be a dwelling or reasonably believed to be occupied at the time of the arson by using fire or an explosive. The penalty for first degree arson is one to 20 year in prison and/or a $50,000 fine.
Arson in the second degree focuses on committing arson to a nonresidential structure that belongs to another person or that another person has a security interest in. A person can also be guilty of second degree arson if they act as an accomplice to the person who actually commits the crime.
Arson in the third degree is the crime of using explosives or fire to knowingly damage or destroy personal property without the owner’s consent. The property must be valued at $25 or more and must:
Yes. Anyone who knowingly aids, procures, causes, hires, abets, counsels, or encourages another person to commit arson in the third degree is also guilty of this crime under Georgia law.
The punishment that a person convicted of arson in the third degree will face may consist of one to five years in prison. A person may also be required to pay a fine of $10,000 instead of or in addition to a period of imprisonment.
Legal representation is a necessity whenever you are facing an arson charge, regardless of the degree of arson with which you are being charged. Contact a Georgia lawyer as soon as possible to learn how to fight your criminal charge.
The statute for Third Degree Arson is OKLA. STAT. tit.
In order to be convicted of Third Degree Arson in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case.
Being charged with Third Degree Arson in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way.
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma.
You have options to fight your third-degree arson charge. Tell your truthful version of what happened before, during and after the alleged arson and your arrest. The defense is vital because it allows you to fight the arson charge. Below are some common defenses to arson in the third degree:
Third-degree arson is the criminal act of knowingly damaging personal property valued at more than $25. You allegedly damage the property by setting fire to it or setting an explosive to cause the arson damage.
The punishment is not as severe as the first and second-degree arson convictions. For instance, the maximum criminal sentence for second-degree arson is 10 years in prison.
Arson is generally described as setting fire to a property that belongs to another individual. The damage may occur as a result of fire or explosives. Georgia law traditionally separates arson into three separate degrees.
It is easy to feel overconfident about a third-degree charge because it has lesser penalties than the other degrees. You have to take this charge seriously. You still face serious punishment.
Arson in the second degree is a class C felony that carries up to 10 years in prison. This level of arson carries up to a $13,660 fine.
Arson in the first degree is a class B felony that carries up to 25 years in prison. It should importantly be noted that this crime has a 50%-70% mandatory minimum sentence which means that if a person is convicted of this crime they must serve at least 50%-70% of their sentence.
If you have been accused of committing arson, it is time to seek aggressive representation from a capable lawyer. Our arson defense attorney in Des Moines has extensive experience challenging prosecutors and helping criminally accused individuals in Polk County avoid or mitigate harsh sentences.
A class D felony carries a sentence of up to five years in prison. The fines for the Class D felony range from $1,025 to $10,245. In addition, there is a 15% surcharge added to the fine.
As a Class 4 felony, it is punishable by up to six years in prison.
Arson counts in the fourth degree when someone recklessly or knowingly causes an explosion or starts a fire on their property or someone else’s property. It must put either a person in danger of serious injury or death or that person’s occupied structure or building in jeopardy of damage.
It’s a Class 3 felony, punishable by as much as 12 years behind bars.
Some fires are unfortunate accidents. However, when a fire occurs because someone intentionally set it, that is a crime: arson.
The first three degrees of arson involve facts of the case, but aggravated arson typically deals with intent and intentional setting of the fire based on other factors. The first degree is when the building is burned with knowledge that someone is in the building or at home . Second degree arson is when an empty building or other structure without persons has been immolated. The third degree occurs when an area or property has been destroyed by fire with no one else present. This could be a lot, field, parking garage or similar area. Aggravated crimes of arson transpire when the perpetrator has full knowledge and intends to start the fires when someone is in the building. This means, he or she willfully and actively is seeking to harm someone else.
The amount of damage is usually what classifies the degree of the arson crime from first to third degree criminal acts. These increase or decrease sentencing for someone convicted in the court room. Without the distinction, it is much more difficult to determine the punishment.
Aggravated crimes of arson transpire when the perpetrator has full knowledge and intends to start the fires when someone is in the building. This means, he or she willfully and actively is seeking to harm someone else.
Arson is the crime of intentional, willful and actively burning a building or similar structure. When someone causes this to occur, he or she may also be involved in other crimes. The degrees of an arson case often determine how severe conviction sentences issued are for the offender.
One of these is reckless arson which occurs when someone is attempting to destroy property, but the fire becomes wild or is damaging enough to lead to excessive and extensive damage.
These usually include the intent, the actual burning of items or structures, the fact that the burned building is a dwelling and that it belongs to someone else.
Many convictions lead to severe sentencing of years behind bars and fines. This means that the individuals suspected of arson charges should seek the help of a knowledgeable criminal defense lawyer versed in arson and fire damage. It may be necessary to consult with someone else in a professional field if other charges are issued such as insurance fraud. With a lawyer to assist in these cases, a positive outlook may be possible.