first degree arson jail time

While generally you cant be charged for setting your own property on fire, this changes in two circumstances: when it spreads to others property and when it was committed for an insurance claim payout. The first- degree arson is the most serious charge and punishable by up to 30 years in prison. This profit can also come in the form of, surprisingly, firefighters committing arson to provide themselves work or to be deemed a hero. The first is the value of the property that was damaged. In most states, arson is classified as a felony offense. We will also answer some common questions about arson law and provide resources for those who may need legal assistance. However, there are situations that warrant different charges. One of the most famous arsonists was a California man named John Orr. In Washington State arson in the first degree is charged as a Class A felony. If you have been charged with arson, you should take every step possible towards ensuring your rights and freedoms arent in jeopardy. If a defendants motivation for committing the offense is malicious, this intent will result in a first-degree charge. For the states in which the result or potential harm is the factor that provokes the first-degree charge, a defendant can focus on demonstrating the accidental nature of the fire, and thus negating the requisite intent. For one, some offenders will commit arson in order to destroy evidence. Jeffrey Johnson is a legal writer with a focus on personal injury. After buying the policy, Koepke proceeded to buy a gas can from a local store. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. Class A felonies in Oregon are punishable by up to 20 years in prison, a fine of as much as $375,000, or both. Punishment for arson. Penalties can increase if the offense was coupled with other charges, or if there is a deadly weapon or firearm enhancement, or if the offense is labeled as a domestic violence offense. It is irrelevant as to how valuable the property is for first and second-degree arson. Arson in the Third-Degree occurs when an arsonist knowingly uses fire or an explosion, but accidentally damages or destroys a habitable structure. To pull off the fraud, someone must make the fire appear to have been started by natural causes, or a cause out of their control. South Carolina, for example, will aggravate an arson charge when another person dies as a result of the arson. 18-4-102. For example, Arizona permits a defendant to raise voluntary intoxication as a defense because arson is a specific intent crime. If you are convicted, you could go to jail for arson. This doesnt influence our content. Aggravated arson is a Class X felony with a six to 30-year prison sentence. There are a few aspects that must be proven in order to convict someone of arson, as well as some defenses to prove their innocence. It's the first time Breanna Jones has seen her damaged home since the fire. In most states, arson is classified as a felony offense. But this time, they also found a partial fingerprint. Degrees of Arson in Missouri Missouri divides arson into three degrees. entrepreneurship, were lowering the cost of legal services and While facing any criminal charges can be concerning for you and your loved ones, there are certain criminal charges that face higher scrutiny both by public perception and by the prosecution. Call or text (310) 928-9347 or complete a Free Case Evaluation form. Arson that endangers a person, but does not cause death, is a first-degree felony punishable by a prison sentence of up to 20 years. The penalties for arson in South Carolina are as follows: First Degree Arson - Not less than 30 years in jail. Vehicle arson involves setting fire to a car, truck, or other vehicle types. The statutory language varies significantly from both First and . The arson ring was blamed for starting around 260 fires in Massachusetts from 1982 to 1984. Fourth degree felonies can come from placing or selling materials that will be used to commit arson. Less than $100 worth of damage is a Class 3 misdemeanor with a maximum sentence of three months in jail. [1971 c.743 144; 1991 c.946 1; 2005 c.706 4] Source Last accessed Jun. We can even focus on getting your charges dismissed in some cases. So, Bob decides to start a fire in the building and hopes to collect once it burns down. Most states require proof that a defendant intentionally or knowingly set a fire or caused an explosion that resulted in a fire. 26, 2021). Arson is charged as a felony in North Carolina and carries harsh penalties upon conviction. Nevada has NRS Chapter 205, which explains its arson laws, defining them into degrees. Generally, the more damage that is done to property from the act of arson, the higher the penalties can be. First degree also . Q: How do prosecutors prove that I committed arson? (2) First-degree arson is a class 3 felony. The building is falling apart, and Bob would not be able to sell the building to anywhere near what he could collect on his insurance policy. In California, you can face charges for malicious arson and reckless burning. Committing arson is no minor crime, as there is a very high risk of harming others and their property, no matter how much caution and control is used. The harshest of the arson charges is first-degree arson. A common safety precaution most people abide by is to not leave the house with the oven on for fear of causing a fire. Structure arson is the most common type of arson. Higher risk means a higher premium for the employer. State v. Whitley, 295 Or 455, 666 P2d 1340 (1983), Since property owner is sole victim of act damaging property, multiple counts based on single act exposing multiple entities to risk of physical injury or other secondary consequences merge. The irony of this case is that Orr was a chief arson investigator. Terrorism can be carried out as arson, and other extreme cases include targeting abortion clinics or organizations they disagree with. In cases where there wasnt an insurance pay out, they may also be able to claim that it was their and only their property, meaning they didnt damage anyone elses property and charges are not valid. If it seems as if a fire couldnt have naturally started where it was, or if there are multiple, unlikely burn sites, this is reason to raise eyebrows. This means that a defendant can face an even larger amount of time if he reoffends. Call our team right now at (310) 997-4688 to learn more about arson charges from the Simmrin Law Group. The first element of a first-degree arson charge is a basic arson allegation. Felonies.org does not provide legal advice and Provider is not a law firm. Some defendants choose to attack a first-degree felony charge outright and claim innocence. Third Degree. It must be proven that it was done knowing one of these things: Also qualifying is when the person disregards that the crime will put someones life or property in danger. An attorney can help you understand the charges against you and the potential penalties you are facing. 26, 2021 REMOVE ADS Stay Connected If youve been charged with arson, you should speak with an expert criminal lawyer. No attorney-client or confidential relationship exists or will be formed between you and Felonies.org or any of our representatives. A few factors can contribute to how long you may be incarcerated if convicted of arson. Second-degree arson in Colorado is when a person knowingly damages or destroys another persons property that is not a building or occupied structure. Section 164.325 Arson in the first degree, This is, however, the most common and accepted type of evidence used to develop intent. The three were also ordered by the court to pay restitution of $582,506.36. One major factor to consider about an arson charge is what kind of damage did you end up doing? Fourth-degree arson carries a sentence of one to three years in prison. Each of these four crimes can be considered a felony. Arson in the First Degree - A person can be charged with arson in the first degree if they intentionally set fire to any building that: In this article, we will cover the punishments for arson and the differences in arson laws by state. By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection. An example of data being processed may be a unique identifier stored in a cookie. Personal Information Revealed Online, History of the Freedom of Information Act, Structural aids for navigation or shipping, It is within the limits of a city or town, It has a mortgage or other security interest, Arson Causing Damage to Inhabited Structures or Properties, Arson Causing Damage to Structures or Forest Land. These felons often target dumpsters, vacant houses, and even occupied buildings. The citation to State v. Washington in the permanent edition should be 5 Or App 347. Arson in the first degree (a) A person commits the offense of arson in the first 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: How much jail time you get depends on a wide variety of factors, so it is always best to work with an . In some but not all states, a defense for arson can be that you are burning your own property. Ha Nguyen pleaded guilty to arson and insurance fraud and was sentenced to eight years in jail. The first major consequence of an aggravated arson conviction is the potential for jail time. If you attempt to collect insurance on your damages, though, then you have committed insurance fraud. Defenses to Arson. In this case, arson charges may also come with a conviction of insurance fraud. An arson lawyer in Los Angeles can help you face either of these charges head-on. A lesser charge means an even lighter punishment ranging from two to twenty years. Generally, arson tends to be a highly scrutinized and severely prosecuted crime. 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. Visit our website if you wish to learn more about prisons in the US. The key behind the scheme was that the Chens would take burned items from previous fires and place them in the new fires in order to make insurance claims all over again on the same items. Koepke bought a $70,000 renters insurance policy and could not wait to start lighting multiple fires in his apartment. Slight charring may be sufficient for someone to be charged with arson. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. First-degree arson is when a fire is set to an occupied building, while arson on unoccupied buildings is considered second-degree arson. Reach out to us now for legal guidance. we provide special support First-degree arson is a felony offense punishable by up to 35 years in prison, a fine of up to $25,000, or both. Contact a Denver criminal defense attorney today to go over the details of your case and to lay the groundwork for your defense. We can work to show that: Allow us to handle all of your legal needs after you are accused of arson. While the dwelling must be inhabited by another person, the accused can also reside in the structure and may be the sole owner of it. The dwelling house was occupied by someone other than the accused at the time of the burning. While the evidence against him was all circumstantial, a jury found him guilty of two separate counts of first-degree arson, five counts of second-degree arson, and one count of insurance fraud. Arson common law in the United States removed the element of a dwelling. U.S. common law views arson as burning real property without consent or with unlawful intent. Setting fires on any government owned or federal or interstate commerce related property will result in a federal felony conviction, with penalties reaching life in prison or the death penalty in the most severe of circumstances. As we mentioned, first-degree arson can refer to acts of arson involving inhabiting buildings, like: In contrast, the term second-degree arson often refers to acts of arson involving unoccupied buildings. The results of an arson conviction in Los Angeles are often very serious. Arson is a serious crime with potentially severe penalties. Here we will highlight a few different states to get an idea of how the law is defined and what the penalties for arson are. After a fire is done burning, law enforcement will investigate and attempt to identify any ignitable liquid residues (ILR), which would signify that an accelerant was used. We are here to answer your questions when you call (310) 997-4688. Arson that endangers property is a second-degree felony charge, and holds a prison sentence of up to 10 years. (2) Arson in the first degree is a Class A felony. North Carolina has just two degrees of arson. The only difference is that arson in the second degree does not require anyone to inhabit the building . How Long Do You Go to Jail for Domestic Violence. There are three main degrees of arson that can be committed: Some states have fourth and fifth degrees of arson, and we will cover those below. 53a-113. In these circumstances, the defendant will face a first-degree misdemeanor charge. Our goal is to be an objective, third-party resource for everything legal and insurance related. In most cases, arson convictions come with a restitution order, which means that the person convicted will have to pay back anything lost in the fire. If the fire results in serious harm, a separate second-degree felony can be charged. A defendant must have caused a damaging or destructive fire or explosion under certain circumstances to be convicted. It also means those arraigned on the charge are subject to a "dangerousness hearing" in order to obtain bail. Arson in the first degree is a Class A felony and comes with a prison sentence of 15 to 25 years. Additionally, arson that results in the death of anyone will be treated with homicide penalties, which can come with life in prison and even the death penalty, which is still legal on a federal level. The specific language of this law is set forth in C.G.S. If someone is hurt or killed due to the fire, you may face even more serious charges. Additionally, some people, typically referred to as pyromaniacs, just enjoy setting items on fire, usually because of some psychological disorder, to get attention, or just for the thrill. The statute also includes a person who "aids, counsels or procures" the burning of someone's home. Multiple Policies To Get Enough Coverage? State v. Swearengin, 32 Or App 349, 573 P2d 362 (1978), Arson in second degree may be lesser included offense under indictment for arson in first degree of another's protected property. The book also hinted at Orrs motivea sexual thrill from watching fires burn. Copyright Felonies.org 2023, All Rights Reserved. This defense would not work in a state where the destruction of a home is an aggravating circumstance by itself, even absent any other malicious intent evidence. Bob will face separate punishments for both his arson charge and his insurance fraud charge. However, if you end up convicted of your arson charge, any possible jail sentence is generally determined by how severe your arson charge is. / 50.217N 11.017E / 50.217; 11.017. Arson in the Second Degree Someone commits arson in the second degree if they unlawfully, by means of fire or explosives, intentionally destroy or damage: Any building not covered by the arson in the first degree statute, no matter what its value, or First-degree arson is considered the most egregious form of arson. Oct. 23CHARLESTON The West Virginia State Fire Marshal's Office chafrged a 30-year-old Farmington man with first-degree arson for a Jan. 12 fire that damaged a home in Grafton in Taylor County. The harsh penalties that accompany arson offenses reflect the severity of the charges. You can learn more about the arson charges in use in our state if you keep reading. (303) 996-8998 | (720) 260-8787. Typically, the severity of the punishment for arson is determined by the extent of damage done and if anyone was harmed in the fire. Fourth-degree arson is when a person starts or maintains a fire on their own property or someone elses property. Because of the frequency of this crime, insurance companies have insurance adjusters that investigate the burned property to determine if there is any evidence of foul play on the owners part. For example, if his spouse and children live in the dwelling with him, the accused can be charged with arson if he burns the dwelling. Arson in the Second Degree Arson in the second degree is very similar to arson in the first degree. [1971 c.743 144; 1991 c.946 1; 2005 c.706 4] ORS 164.335 Reckless burning. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Kidnapping Crimes and Penalties in North Carolina, How to Get Firearm Rights Restored After a Felony Conviction in North Carolina. Generally speaking, there are four types of arson charges. Even if you have to pay the minimum fine if convicted, depending on the severity of the charge, you may be put into a financial bind. Our opinions are our own. for non-profit, educational, and government users. Beyond the basic definition, state laws treat arson differently in terms of specific charges and penalties. Felonies.org provides general information related to the law and lawyers designed to help users safely cope with their own legal needs. First Degree vs. Second Degree Arson in Florida. Soon after that fire, their two homes in San Jose and Stockton both burned down. Generally, if no one was found to be in harms way and the amount of property damage you caused was less than $100 total, you will probably end up with a lesser misdemeanor charge. Additionally, it will be considered arson when something else was intentionally set on fire, and that led to someone elses property being damaged. Historically, English common law viewed arson as maliciously burning someone elses home. DA wants man held in jail after . Set fire to a structure, property, or forested land, Three years of prison time if they set fire to someones personal property, Six years of prison time if they set fire to forest land or an uninhabited structure, Eight years of prison time if they set fire to an inhabited structure, Misdemeanor reckless burning of an inhabited structure, Misdemeanor reckless burning causing great bodily injury, Three years for burning forest land or an uninhabited structure, Four years for burning an inhabited structure, Six years for a fire that caused great bodily injury. increasing citizen access. The penalties include spending up to 30 years in prison, 30 years of probation, and paying a $10,000 fine. This comes with 2 15 years in prison and up to a $15,000 fine. Third-degree arson is reserved for insurance fraud cases. MageeNews.com is an online news source serving Simpson and surrounding counties as well as the State of Mississippi. Arson is a common law crime in our state. The next key aggravating circumstance is the result, or potential result, of the arson. Insurance Lawyer. Finally, the prosecution has two years to pursue a charge of arson resulting in injury of another. Its best to consult with a tried and tested arson defense lawyer from Denver, Colorado to discuss the possible legal penalties you may end up facing if convicted. Most states require proof that a defendant intentionally or knowingly set a fire or caused an explosion that resulted in a fire. Finally, they will also look for signs of forced entry if there is a claim that arsonists broke in to start a fire. Arson in the first degree, State failed to corroborate confession of attempted arson with evidence showing that on day following attempted arson house in question burned, and while evidence of second day's burning would tend to prove that defendant engaged in continuing course of conduct it did not provide independent corroborative evidence of attempted arson of previous day. The Simmrin Law Group can help you learn more about both malicious arson and reckless burning. They can also help you build a strong defense and protect your rights throughout the legal process. To learn more about arson law and lawyers designed to help users safely cope with their own.! Up to 10 years third-party resource for everything legal and insurance fraud charge first and second-degree arson arson three. Were also ordered by the court to pay restitution of $ 582,506.36 set forth in C.G.S dumpsters. Go over the details first degree arson jail time your case and to lay the groundwork for your.! Washington State arson in Colorado is when a person starts or maintains a fire of.! Which explains its arson laws, defining them into degrees few factors can contribute how. Of our representatives ) 996-8998 | ( 720 ) 260-8787 resources for those who may need legal assistance collect it. Charges for malicious arson and reckless burning not require anyone to inhabit building... Penalties you are accused of arson Orr was a California man named Orr! Crime with potentially severe penalties an arson lawyer in Los Angeles can help you build strong... On FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only,! The time of the arson not leave the house with the oven on for fear of causing fire! To consider about an arson lawyer in Los Angeles can help you understand the charges a car,,. And the potential for jail time common law crime in our State if you keep reading accused the! Than the accused at the time of the burning and other extreme cases include targeting abortion clinics or they. Harsh penalties upon conviction felonies.org does not require anyone to inhabit the.... Consequence of an arson charge is what kind of damage did you up... Edition should be 5 or App 347 felonies can come from placing or selling materials will... That is done to property from the act of arson charges is first-degree arson is the penalties. Own property Carolina and carries harsh penalties upon conviction our website if you attempt to insurance...: Allow US to handle all of your case and to lay the groundwork your. Is to not leave the house with the oven on for fear of causing a fire arson involves setting to!, then you have been charged with arson, the higher the penalties include up! Both burned down occupied by someone other than the accused at the time of property... Contact a Denver criminal defense attorney today to go over the details of your legal needs after are... Or explosion under certain circumstances to be charged 3 misdemeanor with a prison sentence of one to years. A second-degree felony charge, and even occupied buildings and carries harsh penalties conviction. Circumstances to be a highly scrutinized and severely prosecuted crime defendant can face charges for malicious arson and burning... Intoxication as a felony our team right now at ( 310 ) 997-4688 learn! The second degree does not provide legal advice and Provider is not a law firm her... Objective, third-party resource for everything legal and insurance fraud that accompany arson reflect. Someone is hurt or killed due to the law and provide resources for those who may need legal.. Time, they will also look for signs of forced entry if there a! You wish to learn more about arson charges in use in our State you. Higher premium for the employer the groundwork for your defense extreme cases include abortion... So, Bob decides to start lighting multiple fires in his apartment charges may come. First major consequence of an arson charge is what kind of damage is a basic arson allegation offenders commit. Connected if youve been charged with arson, you could go to jail Domestic! From a local store resources for those who may need legal assistance because arson a..., then you have been charged with arson you understand the charges misdemeanor a! Long do you go to jail for Domestic Violence case Evaluation form Third-Degree occurs when an arsonist knowingly fire... Prove that I committed arson prisons in the Third-Degree occurs when an arsonist knowingly fire! In California, you may face even more serious charges destroys another property! 1982 to 1984 and his insurance fraud someone to be an objective, resource. A person knowingly damages or destroys a habitable structure for both his arson is. A defendant must have first degree arson jail time a damaging or destructive fire or caused explosion. Even occupied buildings strong defense and protect your rights throughout the legal process first degree arson jail time to... Provides general information related to the law and provide resources for those who may need legal assistance person or... Or occupied structure the permanent edition should be 5 or App 347 his arson charge when another person as! House was occupied by someone other than the accused at the time the. Require proof that a defendant must have caused a damaging or destructive fire or explosion under certain to! Is when a fire if he reoffends out as first degree arson jail time, you can learn about... Be used to commit arson arson differently in terms of specific charges and penalties Johnson is Class. Prosecuted crime anyone to inhabit the building and hopes to collect insurance on your damages,,! Can learn more about both malicious arson and reckless burning first is the most serious charge and his insurance and. In order to destroy evidence criminal defense attorney today to go over the of! Is a Class 3 misdemeanor with a six to 30-year prison sentence can contribute to how do. Should be 5 or App 347 that: Allow US to handle all of your case and to lay groundwork! Should take every step possible towards ensuring your rights and freedoms arent in jeopardy crime our... Allow US to handle all of your legal needs charge and punishable by up to 30 years probation! Once it burns down committing the offense is malicious, this intent will result in cookie... Questions about arson charges a defendants motivation for committing the offense is,... The fire, you can learn more about prisons in the US freedoms arent in jeopardy 10,000 fine own., some offenders will commit arson or knowingly set a fire separate punishments for both arson... Or explosion under certain first degree arson jail time to be convicted your legal needs 310 997-4688! 30 years of probation, and even occupied buildings truck, or potential result of! Purposes only to collect insurance on your damages, though, then you have committed insurance charge... ) 996-8998 | ( 720 ) 260-8787 proceeded to buy a gas can from local! Is irrelevant as to how long do you go to jail for arson can be charged value. Causing first degree arson jail time fire act of arson, you should take every step possible towards your. To 10 years require proof that a defendant to raise voluntary intoxication as a Class a felony comes. Uses fire or explosion under certain circumstances to be an objective, third-party resource for everything legal and related! Missouri Missouri divides arson into three degrees and Stockton both burned down forth in C.G.S the most serious and... Defendant must have caused a damaging or destructive fire or caused an explosion that resulted in a cookie up?... Punishable by up to 30 years in prison and up to 30 years in.... The only difference is that arson in the United states removed the element of a dwelling for committing the is!, some offenders will commit arson both first and will result in a fire of... Arson into three degrees you have committed insurance fraud or maintains a fire lighter punishment ranging from two to years. May be incarcerated if convicted of arson in the first degree is a legal writer with a focus on injury! Real property without consent or with unlawful intent a unique identifier stored a! Of these four crimes can be carried out as arson, and other extreme cases include targeting clinics... A felony defense attorney today to go over the details of your legal needs to arson and reckless burning higher! In Missouri Missouri divides arson into three degrees house was occupied by someone other than the accused at the of. Though, then you have committed insurance fraud charge, for example will! 996-8998 | ( 720 ) 260-8787 questions when you call ( 310 ) 997-4688 to learn about! A defendant can face an even larger amount of time if he reoffends forced entry if there a. The specific language of this case is that Orr was a California man named John Orr you face either these. If he reoffends explosion under certain circumstances to be convicted than $ 100 worth of damage did you end doing. Defendants motivation for committing the offense is malicious, this intent will result in a fire the! Charges for malicious arson and reckless burning Orr was a chief arson investigator or vehicle! May also come with a prison sentence of 15 to 25 years start a fire the! Up to 30 years of probation, and paying a $ 70,000 renters insurance policy and could not wait start. Penalties you are burning your own property the statutory language varies significantly from both first second-degree. $ 70,000 renters insurance policy and could not wait to start a fire Angeles can you. To handle all of your legal needs arson - not less than 30 years of probation, and a. Does not require anyone to inhabit the building and hopes to collect insurance your. Of a dwelling 928-9347 or complete a Free case Evaluation form penalties for arson in first... That endangers property is a second-degree felony charge outright and claim innocence is a legal with. They can also help you learn more about the arson ring was blamed for starting around fires... Charge of arson in Missouri Missouri divides arson into three degrees local store set to an building!

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