Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Free Consultations 303-830-0880. We even have flexible payment plans to make our work affordable. Getting arrested for DUI does not mean you will be convicted. If you or someone you know has been accused of arson in Colorado, our Colorado criminal defense attorneys are here to provide legal help. Denver Colorado Criminal Defense Lawyers Criminal Laws A-Z Arson Laws First-Degree Arson - 18-4-102 CRS. There are several legal defenses for people who have been accused of arson in the first degree. This form is encrypted and protected by attorney-client confidentiality. Don't risk your future. Three quarters? Find a Court in Colorado Damage or destroy the property of another without that persons consent. Copyright 2022 Colorado Legal Defense Group. Home; Blog. 18-4-105 Third Degree Arson Colorado Statute - C.R.S 18-4-104 "" (1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson. Because there are so many variations in Colorados laws on arson, the best defenses to charges of arson in Colorado depend on the specific facts of your case. Section 18-4-102 of the Colorado Revised Statutes (C.R.S.) is any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges. Colorado open carry laws for firearms Generally, the open carry of firearms in Colorado is allowed except in the following ten circumstances: No. The legal definition of 1st Degree Arson, C.R.S. On the high end, felony arson of abuilding or occupied structure involving explosives can land you in prison for up to 32 years. (2) Occupied structure means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of building in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to18-4-105. Practice Areas, Greeley and Weld County Criminal Defense Attorneys, A person who 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 building or occupied structure of another without his consent, commits 1, O'Malley Law Office proudlyserves clients charged with criminal offenses in Weld County, including the cities and towns of Greeley, Windsor, Evans, Erie, Fort Lupton, Frederick, Platteville, Milliken, Ault, Dacono, Firestons, Keenesburg, Kersey, Nunn, Severance, Johnstown, Hudson, La Salle, Mead, Lochbuie, Longmont, Eaton, Gilcrest, Grover, Pierce, Garden City, Raymer, Wattenburg, Galeton, Briggsdale, Roggen, Stoneham, Lucerne, Gill, Hereford, Dearfield, Carr, Keota, Auburn, Adna, Highlandlake, Tampa, Mumper Corner, Hambert, Saint Vrains, Avalo, Mason Corner, Hurrich, Tonville, Greeley Junction and Idaho Creek. Call and tell us your situation. Fourth-degree arson (CRS 18-4-105), which involves endangering someone else or their property by setting a fire, Otherwise, 2nd-degree arson was a class 2 misdemeanor carrying 3 to 12 months in jail and/or $250 to $1,000 in fines. provides: A person who 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 building or occupied structure of another without his consent commits first-degree arson. Do you have to register guns in Colorado? Fort Collins, Colorado 80524 You would have to have their consent, as well. If a person is endangered, the charges are bumped up to a class 4 felony. We have law offices in Denver, Greeley, and Colorado Springs. Attorneys Sometimes it seems as though the district attorney is out to get you and charge you with this crime even though the fire was caused by an accident. In Weld County, if you intentionally set fire to a building or occupied structure, with the intent to damage or destroy the property, you could be charged with 1st Degree Arson. 2.3. Because Zeldas intention was to damage the property and defraud her insurance company into paying for it, she has committed third-degree arson. Can you get an open container in Colorado while walking? Home; Blog. Attach another file if needed. Why You Shouldn't Talk to the Police 303-830-0880. This form is encrypted and protected by attorney-client confidentiality. We have represented the elderly who did not know what they were doing when starting a fire and teenagers who started a small fire which got out of hand. The fire damaged neither a building nor an occupied structure (defense to first-degree arson). In terms of the case involving the teenagers charged, the new build construction site was designed for shelter, so it was classified as a building.. However, when she goes to sell it, the highest offer she gets is $700. 2016 Colorado Revised Statutes Title 18 - Criminal Code Article 4 - Offenses Against Property Part 1 - Arson 18-4-102. 1.1 What does it mean to own a building under CRS 18-4-102? The attorneys at Sawyer Legal Group, LLC, will hold the government to its burden of proof. 1. You commit the arson intentionally or knowingly (as opposed to recklessly). Videos. Any information gathered from this site is not meant to serve or be perceived as legal advice. Visit our page on Colorado DUI Laws to learn more. Legal defenses can combat a charge of first-degree arson. There was police misconduct during your arrest or the investigation. We do not handle any of the following cases: And we do not handle any cases outside of California. When does property belong to another? Certain crimes are related to second-degree arson in Colorado. First-degree arson is one of our Colorado arson crimes and is defined as a crime under C.R.S. Getting arrested for DUI does not mean you will be convicted. 18-4-102; Second Degree Arson - C.R.S. (2) First degree arson is a class 3 felony. It is normal to be frightened and overwhelmed following an arrest. Copyright 2015 O'Malley Law Office | Criminal Defense Lawyer | 970-616-6009| All Rights Reserved, Greeley Colorado Criminal Defense Attorney Blog, 1st Degree Arson Attorney in Weld County, Colorado Teenagers Charged with First Degree Arson After Setting a Fire, Contributing to the Delinquency of a Minor, Emergency Mental Health Hold / Involuntary Mental Hospitalization, Immigration Consequences of Criminal Convictions, Legal Terms Used by the District Attorney, Pleading Not Guilty by Reason of Insanity, Intimate Relationship and Domestic Violence, Unlawful Possession of a Concealed Weapon, Possession of Weapons by a Previous Offender, Unauthorized Use of Financial Transaction Device, Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person, Dismissal or Modification of a Civil Protection Order, Invasion of Privacy for Sexual Gratification, Sexual Assault on a Child by a Person in a Position of Trust, General Court Information: Weld County Court, Weld County Jail and Detention Center Information, Weld County First Degree Arson Lawyer Windsor Mill Fire Intentionally Set, Greeley First Degree Arson Attorney Fire Retaliation for Penis Prank, Beauty Pageant Winner Charged with Fourth Degree Arson: Teenagers and Stupid Mistakes, Greeley First Degree Arson Attorney Man Claims No Intent in Starting Fire, Contributing to the Delinquency of a Minor Attorney in Weld County House Party Gets Parents Charged with Contributing to the Delinquency of a Minor. Boulder, Colorado-based attorney practicing in CO and surrounding areas which include the cities of Avon, Berthod, Blackhawk, Boulder, Brighton, Broomfield, Castle Rock, Denver, Edward, Erie, Fort Collins, Fort Morgan, Frisco, Georgetown, Glenwood Springs, Golden, Greeley, Gunbarrel, Lafayette, Littleton, Longmont, Louisville, Loveland, Lyons, Nederland, Niwot, Steamboat, Springs & Superior, and the communities that make up Adams, Arapahoe, Bent, Broomfield, Clear Creek, Denver, Douglas, Eagle, Gilpin, Jefferson, Larimer, Morgan, Routt, Weld counties in Colorado. Local laws rather than state law largely determine where and what people may drink in public places. They were able to help me get through my case with the best possible outcome their was. Please complete the form below and we will contact you momentarily. Attach another file if needed. That building has to be owned by someone else. Prosecutors have to prove that it was you who committed first-degree arson. Colorado Legal Defense Group was a great resource for legal help. Please complete the form below and we will contact you momentarily. defines building and occupied structure as follows: As used in this article, unless the context otherwise requires: (1) Building means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. We do not handle any of the following cases: And we do not handle any cases outside of California. First-degree arson is defined by CRS 18-4-102(1). We will pursue the best possible outcome in your case. Second-degree arson Colorado 18-4-103 C.R.S. (1) A person who 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 building or occupied structure of another without his consent commits first degree arson. And 4th degree arson was a class 2 misdemeanor if the damage was $100 or more, carrying 3 to 12 months in jail and/or fines of $250 to $1,000. You are the victim of mistaken identification. Free Consultations 303-830-0880. In this article, our Denver Colorado criminal defense attorneyswill explain: 1. 18-4-102, as follows: A person who 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 building or occupied structure of another without his consent, commits 1 st or first degree arson. Recently in Fountain, two teenagers (both 18 years old) were accused of setting fire to a new build home in a construction site. Contact us today and to discuss how our Colorado arson defense lawyers will fight for the best possible outcome in your case. Visit our page on Colorado DUI Laws to learn more. Fourth-degree arson Colorado 18-4-105 C.R.S. A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third-degree arson. Some of the most common include: First-degree arson is a Class 3 felony in Colorado. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. This makes the offense a crime of violence.14 Convictions carry between 10 and 32 years in jail. Colorado "Arson" Laws - 1st, 2nd, 3rd & 4th Degree Legal analysis of arson laws in Colorado, legal definition, penalties and punishments, best legal defenses in court Attorneys Crimes A-Z Crimes by Code Section DUI In-Depth Other States Contact Call or Message Us 24/7 303-222-0330 Required Field Colorado DUI A person who 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 of damage commits fourth-degree arson. 2.2. Boulder County Man Faces 1st-Degree Arson Charge After House Fire - Boulder, CO - Fredrick Faerron-Crocket, 52, is accused of deliberately starting a house fire that caused an evacuation, Boulder . You didnt intend to defraud anyone (defense to third-degree arson). Prev Next Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Please note: Our firm only handles criminal and DUI cases, and only in California. Learn more about First Degree Arson. First-Degree Arson, C.R.S. FindLaw Newsletters What are the best defenses to Colorado arson charges? Trespass, Tampering and Criminal Mischief, Offenses Relating to Firearms and Weapons, Making, Financing, and Collection of Loans. Weld County Jail They were able to help me get through my case with the best possible outcome their was. You set the fire on your own property (partial defense). If there are weaknesses in the prosecutions case, well find them whether its iffy eyewitness accounts or a timeline that just doesnt add up. Attach another file if needed. You commit arson knowingly when you are aware that your conduct is in the nature of arson, or that the result of your conduct is practically certain to cause a result prohibited by the statute.7, You act recklessly when you consciously disregard a substantial and unjustifiable risk that a result will occur or that a circumstance exists.8. First Degree Arson is considered a crime of violence which causes the sentencing to be more severe. In Colorado, driving under restraint means operating a motor vehicle while your drivers license has been revoked or suspended. Third degree arson is a class 4 felony in Colorado. They all cover the act of producing an illegal drug, not just the possession of it, although possession may be a lesser included offense. 303-830-0880. First Degree Arson - C.R.S. Notwithstanding the foregoing, it is NOT arson if: Acontrolled agricultural burn is a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire. First-degree arson requires the fire or explosion was knowingly set. When this happens, you need a Denver criminal defense attorney who will want to fight for you. 18-4-102 (1) A person who 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 building or occupied structure of another without his consent commits first-degree arson. Walking with open containers of alcohol is usually illegal throughout Colorado, but there are exceptions. In this article, our Denver Colorado criminal defense attorneys will explain: First degree arson is a class 3 felony under Colorado criminal law. Penalties for class 4 felonies include 2-6 years in prison and up to $500,000 in fines. How is open consumption different from common consumption? Why You Shouldn't Talk to the Police Or, must the home build be complete? What is fourth-degree arson under CRS 18-4-105? The short answer is yes, it is possible that either the judge or the prosecutor will drop the charges. 3825 Iris Avenue, Suite 100 Boulder, CO 80301 | Phone:720-821-1001 | Email: info@jasonsavela-law.com Viewing the information provided on this website does not create an attorney-client relationship. Greeley, Colorado 80631 Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 2022 Sawyer Legal Group, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Dependency And Neglect Resulting From Child Abuse, Schedule I Or II Drugs Without Prescription, Possession of an Illegal or Dangerous Weapon, Possession Of A Weapon Previous Offender, Unauthorized Use Of A Financial Transaction Device, Civil Protection Order Dismissal & Modification, Civil Restraining/Protection Orders In Criminal Cases, Aggravated Intimidation Of A Victim Or Witness, Domestic Violence Protection/Restraining Orders In Colorado, Failure To Register As A Sex Offender In Colorado, Invasion of Privacy for Sexual Gratification, Class 6 Felony Sexual Assault, Child Victim, Prostitution, Solicitation And Pimping In Colorado, Sexual Assault Felony Charges in Colorado, Sexual Assault on a Child, Position of Trust, Sexual Assault Misdemeanor Charges in Colorado, Interference With Educational Institutions, Juvenile Sexual Assault on a Child in Colorado, Driving While Ability Impaired By Alcohol, DWAI/DUI Blood Alcohol Content (Blood Alcohol Concentration). 1.1. In Colorado, first-degree arson is defined in CRS 18-4-102. March 7, 2014 / 9:52 AM / CBS Colorado. Related offenses to second-degree arson under CRS 18-4-103. Penalties included 2 to 6 years in prison (with 3 years mandatory parole) and/or $2,000 to $5,000 in fines. 18-4-102 - is: A person who 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 building or occupied structure of another without his consent commits first degree arson. (2) Third degree arson is a class 4 felony." While this deterred personal injury People facing a preliminary hearing often have one burning question: Can the charges be dropped at the hearing? Disclaimer: Results cannot be guaranteed. Accidents Involving Death or Personal Injuries, Department of Motor Vehicle (DMV) Hearings in Colorado, Habitual Traffic Offender & Aggravated Driving, Hit and Run Leaving the Scene of an Accident, Rape, Sexual Assault, Date Rape And Statutory Rape, Frequently Asked Questions About Sex Offenses. 1st Degree Arson Denver Lawyer: Man Starts Fire after Burning Love Letters - Denver Criminal Defense Attorney Free Consultations 303-830-0880 However, CRS 18-4-102 recognizes a broad concept of ownership of property. Buildings under CRS 18-4-102 include a: An occupied structure is an area or enclosure which can be used by people or animals.9 They can include: However, occupied structures do have to actually be occupied at the time of the arson offense. First-degree arson (CRS 18-4-102). 4-12 years in prison (with 5-years mandatory parole), and/or, 2-6 years in prison (with 3 years mandatory parole), and/or. What are the consequences of a Colorado arson conviction? 2. Videos . (2) First degree arson is a class 3 felony. 1.1 What does it mean to "endanger" someone or their property? Attach another file if needed. phone: (970) 658-0007, Contact Us You have to damage or destroy someone elses property. set fire to, burned, caused to be burned, or by the use of any explosive damaged or destroyed, or caused to be damaged or destroyed. Let's see how we can help. 2022 Sawyer Legal Group, LLC All Rights Reserved The offense is a Class 3 felonypunishable by 4 to 12 years in prison and a minimum fine of $3000.00. It could be that the teens did not know that the home was occupied by anyone, and so they did not meet the definition of occupied structure. However, for purposes of the teenagers charged, First Degree Arson is met whether the home under construction is defined as a building or occupied structure. Seeing that Grace is at home, Toby slips a pipe bomb through the letter slot in her front door and it explodes. 4. Fourth-degree arson Colorado 18-4-105 C.R.S. We offer a free initial consultation in our office to discuss your case. We know that even when a fire is caused accidentally, there is often a great deal of pressure for the police and prosecutor to look for arson as a cause. First Degree Arson First-degree arson occurs when one knowingly sets fire to, burns, or uses an explosive device to damage or destroy any building or occupied structure without consent. Fires are a tragedy, but your defense doesnt have to be. See, e.g., People v. Sullivan, App.2002, 53 P.3d 1181, habeas corpus denied 2009, appeal dismissed 365 Fed.Appx. (3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions ofsection 18-1.3-406. We work with the best Colorado arson experts to uncover evidence showing that you didnt start the fire or that if you did, it was an accident. 1.3. Let's see how we can help. Merely scorching or discoloring a building with a fire or explosion is not enough.11 However, it is not necessary to burn the building to the ground.12 Instead, the materials composing the structure have to ignite or change.13. . There is also a caveat in the language of the law. Zelda doesnt have enough money to pay her bills, so she decides to sell a painting she owns that she paid $5,000 for. In a circumstance where you would need to consult or be in contact with an attorney, we gladly receive any calls, letters, or emails. There was law enforcement misconduct during your arrest or the investigation. So the difference between Colorado second and first-degree arson is that first-degree arson applies to buildings and occupied structures and second-degree arson applies to all other property knowingly damaged by fire or explosives without the owners consent. The arson has to be done without that person's consent. In Colorado, first-degree arson is defined in CRS 18-4-102. Call 303-627-7777 during Business Hours or in case of emergency, 720-220-2277 for his Personal Cell or 303-543-4433 for his 24-7 pager. The most common legal defenses to a charge under CRS 18-4-102 are: (A potential defense for farmers is that the fire was a controlled agricultural burn.). The law defines the act as: 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 building or occupied structure of another without his consent. Committed third-degree arson is not meant to serve or be perceived as legal advice arson. The form below and we do not handle any cases outside of California any cases outside California. Paying for it, she has committed third-degree arson firm only handles criminal and DUI cases and! Intent to defraud anyone ( defense to third-degree arson ), knowingly and Protect your rights and have paid the agreed-upon retainer mandatory parole ) $! 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