Fort Collins Second Degree Arson Lawyer

Charged with Second Degree Arson ? Read more about Arson charges and why you need an experienced lawyer in Fort Collins| Larimer County, CO on your side.
The damage fires cause can be drastic. These damages are made the responsibility of the accused when facing Second Degree Arson. Restitution can really add up when the destruction of fire is assessed. The items and property burned, along with the smoke damage caused to surrounding areas are not the only elements considered when the government is deciding the amount of money necessary to amend the situation. The alleged arsonist is also required to pay for the cost of fighting the fire and putting it out, which can be a large expense in and of itself. Not only that, but if convicted, prison or jail time is a really possibility.

That is why it is so important to hire a knowledgeable criminal defense lawyer who has experience defending clients facing Second Degree Arson cases in Fort Collins, as well as all of Larimer, Grand, and Boulder County.

Larimer County Second Degree Arson Attorney: What is the Definition?

The law defines Second Degree Arson as:

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.

In layman’s terms, it means that the Larimer County District Attorney, Loveland Police, or Grand County Sheriff has to prove that you:

Right Arrow FoCopurposely set fire to someone else’s property (not a house or building) without that person’s permission

Right Arrow FoCothere was damage to the property.

Punishment and any possible jail or prison sentence are affected by the amount of damage the fire caused and can add up quickly.

Fort Collins Second Degree Criminal Arson Sentence

C.R.S. 18-4-103, Second Degree Arson, can be a Class 4 Felony or a Class 2 Misdemeanor depending on the amount of damage to the property.

  • If the damage is greater than $100, it is a Class 4 Felony and is punishable with probation, a sentence to the Larimer County Jail, or prison time.
  • For cases where the damage is less than $100, it is a Class 2 Misdemeanor, which can result in a probation sentence alone, or a sentence in the Larimer County Jail as well as probation.

Boulder County Second Degree Arson Case Examples

In our experience, it is a rare occurrence that someone actually set a fire with the intention of causing damage. Maybe you were lighting fireworks and a neighboring field caught on fire. Or perhaps you were camping and your campfire got out of hand because of the dry conditions. Sometimes, because of wind, some items stored on another person’s property got burned. In both these cases and many others like them, there was no plan to destroy property. It was an unfortunate accident.

Arson Charges in Grand County: How an Arson Attorney Can Help

In many arson cases, evidence is not easy to find due to the fire. Most cases rely on witness statements. This is why it is imperative that you practice your right to remain silent and never speak with the Fort Collins police, Loveland police, or any other law enforcement professional about the incident. Without the statements from witnesses, it is much easier to create reasonable doubt about your intent on starting the fire and causing the damage. You need an attorney who knows how to create this doubt and fight to get you the best outcome possible in your case.

If you or a loved one has been arrested for Second Degree Arson, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007.
 We can also do jail visits at the Larimer County Jail. Together, we can protect your future.