Second-Degree Arson In Colorado
Imagine children or adults shooting off fireworks in Jefferson County and a field nearby burns and damages some items stored in the field. No one was trying to start a fire and no one wanted to see any property damaged. Yet, this is a likely scenario for our clients charged with second-degree arson. It is rare that someone intentionally sets a field on fire to hurt someone’s property. But, campfires, barbecue grills and trash burning sometimes cause damage unpredictably in Denver and other counties. In some cases, the fire will be put out before any real damage occurs. In other instances, a fire will get out of hand due to the wind or dry conditions. In many arson cases, the most difficult obstacle to overcome is restitution. Property damage can mount quickly when there is a fire. Smoke damage can infiltrate buildings and nearby items. The cost of items damaged or burned is significant and so is the cost of fighting a fire.
Defending an arson case in Arapahoe and other Colorado counties requires an experienced criminal defense lawyer. Our attorneys employ many theories of defense in successfully defending you. In many cases, evidence is difficult to find and witness statements are key. That is why it is very important not to talk with police or fire investigators, even if you feel you have nothing to hide. Without witness statements, police and prosecutors in Douglas and other counties will have to rely on circumstantial evidence. We can create and highlight the reasonable doubt in your case.
Second-Degree Arson Definition
Second-degree arson is one of our Colorado arson crimes and is defined as a crime under C.R.S. 18-4-103. Under the statute, the crime of arson occurs when a person knowingly sets fire to, burns, causes to be burned or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure. The law then distinguishes the punishment for the crime based upon the cost of damage. The cost of damage can quickly mount.
Second-degree arson is a Class 4 felony if the damage is $100 or more. If the damage is less than $100, then the crime is a Class 2 misdemeanor. There is a vast difference of punishment based upon those two different classifications of the crime in Adams County and elsewhere. For the felony, prison time is a real possibility for the defendant. For the misdemeanor, a defendant might end up with probation, or probation and county jail.
Talk To A Criminal Attorney At No Charge About Your Criminal Defense Matter — Flexible Payment Plans Available
You need a lawyer who will fight for justice and to protect your rights. We offer a free initial consultation about your case in our office. We even have flexible payment plans to make our work for you affordable. So, if you have been contacted by a Colorado police officer in Jefferson, Denver, Arapahoe, Adams or Douglas County regarding any potential arson charges, be smart, exercise your right to remain silent and call us right away at 303-731-0719. Together, we can protect your future.