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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Fire-Breather Faces Arson Charge in Colorado, C.R.S. 18-4-101

On Behalf of | Jan 17, 2013 | Arson |

Last year, a man was charged with two counts of Arson as he performed as a fire-breather in Weld County, Colorado. Witnesses said he spit ignited fluid towards two men (don’t try that at home!).  He was also charged with two counts of Reckless Endangerment (C.R.S. 18-3-208).

Arson is a serious offense in all Colorado counties such as Adams, Douglas, and Boulder County. It can be charged when a person sets fire to another’s property, or when they burn their own property and others are hurt or put at risk.

There are 4 degrees of arson in Jefferson County, Colorado, and others, based on the nature and severity of the crime, and the cost of the damage.  Your criminal defense lawyer will try to distinguish your case from the most serious.

*First degree arson (C.R.S. 18-4-102): involves a person knowingly sets fire to any building or occupied structure of another without his consent. This is a class 3 felony.

*Second degree arson (C.R.S. 18-4-103): occurs when a person knowingly sets fire to any property of another without his consent, other than a building or occupied structure. Second degree arson is a class 4 felony if the damage is $100 or more, but only a class 2 misdemeanor if the damage is less than $100.

*Third degree arson (C.R.S. 18-4-104): is charged when someone, by means of fire or explosives, intentionally damages any property with intent to defraud. This is a class 4 felony.

*Fourth degree arson (C.R.S. 18-4-105): happens when someone knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger. If someone is endangered, it is a class 4 felony. If only property is endangered and the value of the property is $100 dollars or more, it is a class 2 misdemeanor. If the value of the property is less than $100, then it is a class 3 misdemeanor.

-It shall not be an arson offense pursuant to this section if:

a. a person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and

b. no person suffers any of the following as a result of the fire: bodily injury, serious bodily injury, or death.

If you are facing charges of arson of any type in a Colorado County like Broomfield, Arapahoe, or Denver, you need one of our experienced attorneys to represent you. Call us today at the O’Malley Law Office at 303-731-0719. Together, we can protect your future.