Experienced Criminal Defense Lawyer for Arson Charges in Denver, CO
Arson is a serious crime in Colorado, and if you’ve been charged with such a crime, you face significant penalties that can alter the course of your entire life. Fortunately, experienced Denver arson defense attorney Jeff Weeden of WeedenLaw is dedicated to defending those facing serious charges like arson. He understands the urgency of these types of cases and is prepared to fight for your rights.
Arson charges can stem from various situations, from setting fire to an occupied structure to cause harm to burning a building in an attempt to collect insurance money. In any case, Jeff Weeden is an experienced criminal defense lawyer who provides skilled representation in these challenging scenarios.
If you’re facing arson charges, don’t wait. Contact WeedenLaw and schedule your free consultation with an experienced Denver arson attorney by calling (720) 307-4330 or emailing jlweeden@weedenlaw.com today.
What is Arson?
Arson refers to the intentional act of setting fire to or using explosives to damage property. The crime involves knowingly causing damage to a building, occupied structure, or property, either belonging to oneself or another, without consent.
Depending on the circumstances—such as whether people are put at risk or if there is intent to commit fraud—arson charges can range in severity, from misdemeanors to serious felonies.
Degrees of Arson in Colorado
In Colorado, arson is divided into four degrees, each addressing different types of property damage and risk to people. The severity of these arson charges depends on the intent, property involved, and potential harm caused.
Our Denver criminal attorneys outline each of these degrees of arson below, ranging from Class 1 to Class 4 offenses.
1st Degree Arson Colorado
As prescribed in CRS § 18-4-102, first-degree arson in Colorado involves knowingly setting fire to or using explosives to damage a building or occupied structure of another person without their consent. If it involves a building, first-degree arson is a Class 4 felony.
When it involves an occupied structure, however, it escalates to a Class 3 felony. Both are considered an extraordinary risk crime and carry significant penalties, including several years in prison.
If you are facing first-degree arson charges, it’s important to have a strong criminal defense attorney to counter the prosecution’s claims and fight the harsh penalties you’re up against.
2nd Degree Arson Colorado
Second-degree arson in Colorado refers to knowingly setting fire to or causing explosive damages to another person’s property other than a building or occupied structure. This can include personal property like vehicles or other valuable assets.
Under CRS § 18-4-103, second-degree arson can be classified as a petty offense, felony, or misdemeanor depending on the value of the damaged property. For example, arson to property that is valued at less than $300 is considered a petty offense, whereas arson to property valued at one million dollars or more is a Class 2 felony offense.
3rd Degree Arson Colorado
In Colorado, third-degree arson occurs when a person knowingly set fire or used explosives with the intent to commit fraud, such as to collect insurance money. This type of insurance fraud involves a scenario where an individual knowingly damages property, typically their own property, to receive a financial gain.
Third-degree arson, as outlined in CRS § 18-4-104, is a Class 5 felony in Colorado. Facing a charge for third-degree arson can lead to severe consequences, including a criminal record, prison time, and fines.
4th Degree Arson Colorado
Fourth-degree arson is the last degree of arson in Colorado and can be found under CRS § 18-4-105. This degree involves recklessly starting or maintaining a fire or causing an explosion that puts others or their property at risk of harm, including serious bodily injury or death. This charge can occur even if the fire was on your own property but endangered other people or an occupied structure of another.
The penalties for fourth-degree arson can vary based on whether the property or people were endangered and the value of the property involved. Like with second-degree arson, the classification of the offense can range from a petty offense to a Class 2 felony, depending on the level of risk and damage to property.
What is Accidental Arson Called?
Accidental arson in Colorado occurs when someone unintentionally causes a fire that damages property or endangers others. Though there is no specific name for accidental arson, such an incident can result in fourth-degree arson charges, particularly if negligence or recklessness is involved.
For example, if a controlled agricultural burn on one’s own property spreads to a building or occupied structure of another, it may lead to legal consequences under Colorado law. In these arson cases, the intent to cause harm is absent, but the consequences can still lead to serious legal issues, including an arson charge. If the fire results in death or serious bodily injury, the penalties may be increasingly severe, including time in county jail.
What are the Penalties for Arson in Colorado?
The penalties for arson in Colorado depend entirely on the circumstances surrounding the case. Below are the prescribed penalties for each degree of arson:
Colorado First-Degree Arson Penalties
The presumptive penalties for first-degree arson depend on whether the fire or explosion was set in a building or occupied structure.
- Arson of an Occupied Structure – Class 3 Felony (anywhere from 4-12 years in prison and $3,000-$750,000 in fines)
- Arson of a Building – Class 4 Felony (anywhere from 2-6 years in prison and $2,000-$500,000 in fines)
Colorado Second-Degree Arson Penalties
Second-degree arson occurs when a person knowingly sets fire or explosive damages to anything other than a building or occupied structure. The presumptive penalties for this degree of arson depend on the value of the property in question.
- Value of Property Under $300 – Petty Offense (up to 10 days in jail and $300 in fines)
- Value of Property Between $300 and $1,000 – Class 2 Misdemeanor (up to 120 days in jail and $750 in fines)
- Value of Property Between $1,000 and $2,000 – Class 1 Misdemeanor (up to 364 days in jail and $1,000 in fines)
- Value of Property Between $2,000 and $5,000 – Class 6 Felony (1 year to 18 months in prison and between $1,000-$100,000 in fines)
- Value of Property Between $5,000 and $20,000 – Class 5 Felony (1-3 years in prison and between $1,000-$100,000 in fines)
- Value of Property Between $20,000 and $100,000 – Class 4 Felony (2-6 years in prison and between $2,000-$500,000 in fines)
- Value of Property Between $100,000 and $1,000,000 – Class 3 Felony (4-12 years in prison and $3,000-$750,000 in fines)
- Value of Property Over $1,000,000 – Class 2 Felony (8-24 years in prison and $5,000-$1,000,000 in fines)
Colorado Third-Degree Arson Penalties
Third-degree arson occurs when someone commits arson with the intent to commit fraud and is always considered a Class 5 felony.
- Class 5 Felony – (1 to 3 years in prison and between $1,000-$100,000 in fines)
Colorado Fourth Degree Arson Penalties
If someone knowingly or carelessly starts or keeps a fire going (or causes an explosion) on their own property or someone else’s, and this act either puts another person at risk of death or serious injury or puts another person’s building or structure at risk of damage, they commit fourth-degree arson.
The penalties depend on whether or not only property was endangered and the value of that property. If only property was at risk, the penalties are the same as those for second-degree arson based on the value of the property.
Additional Consequences of Arson Convictions
An arson conviction in Colorado carries consequences beyond just fines and imprisonment. For instance, the criminal record that results from an arson charge can significantly impact your future employment and housing opportunities. Many employers and landlords conduct background checks, and having an arson crime on your record may make it difficult to secure a job or find a place to live. Whether it’s a fourth-degree arson or first-degree arson conviction, the presence of such a charge on your record can lead to lifelong challenges.
In addition to prison time and fines, those convicted of arson may also face restitution for the damaged property. Restitution is a court-ordered payment to compensate the victims for the losses they suffered due to the arson crime. This can include costs for repairs to a building or occupied structure or replacement of personal property.
For many individuals, these additional financial obligations and the permanent record that follows them around can be overwhelming, which is why having a strong defense strategy from an experienced criminal defense attorney is essential to help reduce the impact of these arson charges.
Why You Need a Skilled Denver Criminal Defense Attorney When Facing Arson Charges
When facing arson charges, a skilled criminal defense attorney can greatly impact your case. For one thing, arson cases often hinge on technical fire investigations, forensic evidence, and circumstantial details that demand close examination. At WeedenLaw, our criminal defense attorneys will conduct our own investigation and thoroughly review each of these elements, challenging any inconsistencies in the arson investigation and prosecution’s case.
Criminal defense lawyers like Jeff Weeden can also advocate for reduced charges or alternative sentencing. In some cases, we may negotiate for a lesser offense or suggest probation instead of jail time. By crafting a defense strategy suited to your situation, Weeden Law works to protect your rights and seek the best outcome.
Potential Defenses Against Arson Charges
At WeedenLaw, we have a strong record of defending clients in arson cases and various property crimes in Denver. Our approach includes analyzing evidence and, when necessary, conducting an independent investigation. This can involve reviewing fire reports, examining property, and analyzing witness statements to identify weaknesses in the prosecution’s claims.
There are a variety of defenses that may be applicable to your case, some of which may include:
- Lack of Intent: Demonstrating there was no intention to cause harm or damage is essential in defending against arson charges, particularly in cases involving accidental fires on one’s own property.
- Mistaken Identity: Sometimes, being mistakenly identified can lead to an innocent person being wrongfully accused. Our attorneys carefully examine identification procedures to uncover any errors.
- Insufficient Evidence: Arson cases must meet strict standards of proof. WeedenLaw evaluates whether there’s enough evidence, whether direct or circumstantial evidence, to support the arson charge beyond a reasonable doubt.
- Alibi or Eyewitness Testimony: Providing proof that you were elsewhere during the incident, supported by credible alibis or witnesses, can create strong doubt in the case against you.
- Faulty Investigation or Fire Origin Analysis: Arson investigations are complex and can sometimes be flawed. We examine fire origin reports and investigative methods to identify weaknesses or inaccuracies in the analysis.
Why Choose WeedenLaw for Your Denver Arson Defense?
At WeedenLaw, we understand that arson charges can have life-altering consequences. Whether you’ve allegedly committed first-degree arson or second, third, or fourth-degree arson in Denver, Jeff Weeden is ready to work closely with you to build a tailored defense strategy based on the unique facts of your case.
Recognizing that no two cases are alike, he conducts a thorough investigation into every Colorado arson case, carefully reviewing evidence, questioning investigative methods, and uncovering any inaccuracies. This personalized approach highlights weaknesses in the prosecution’s claims and strengthens your defense against serious allegations.
Rest assured, our team at WeedenLaw is fully dedicated to defending the rights of individuals who may be falsely accused and charged with arson. Our law firm is committed to fair treatment for every client, ensuring they are fully informed and supported throughout the entire legal process.
Contact Experienced Denver Arson Defense Lawyer Jeff Weeden for a Free Consultation
If you’re facing arson charges, it’s important to seek knowledgeable legal representation as soon as possible to defend your rights. With the skill and experience of a Denver arson attorney like Jeff Weeden on your side, you can obtain personalized defense strategies designed to challenge the prosecution’s claims and fight for the best possible outcome in your case.
With law offices in both Denver and Lakewood, CO, WeedenLaw proudly serves clients accused of arson crimes in Denver County, Jefferson County, Douglas County, Adams County, Arapahoe County, and all the surrounding areas. Call (720) 307-4330, email jlweeden@weedenlaw.com, or reach out via our online intake form to schedule a free initial consultation with a skilled Denver arson defense attorney at our law office today.
