Fourth Degree Arson, C.R.S. 18-4-105, is the least serious degree of Arson in Denver, Englewood and everywhere else in Colorado. It is not difficult to be charged with Fourth Degree Arson in Colorado. Under many different circumstances, a fire can quickly get out of control and put people or property at risk. You might be left to blame, even if a fire started on accident. If you are accused or charged with 4th Degree Arson anywhere in Colorado, call the top criminal defense lawyers at O'Malley and Sawyer to defend you today.
Definition of Fourth Degree Arson in Adams County and Across Colorado
Fourth Degree Arson, C.R.S. 18-4-105, is charged in Brighton, Adams County and everywhere else in Colorado whenever a person 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.
Arapahoe County District Attorney Must Prove All Elements of 4th Degree Arson for a Conviction
In Arapahoe County, Jefferson County, and everywhere else in Colorado, an Arapahoe County District Attorney must prove you intended to start a fire (or you recklessly started one). And, they must prove the fire put other people and property at risk of injury or damage. It's never wise to fight the prosecution's case against you alone. Instead, always involve an experienced criminal defense lawyer to fight the government's case and fight for a more favorable outcome for you.
Sentence for 4th Degree Arson in Douglas County and Across Colorado
Class 2 Misdemeanor 4th Degree Arson Charged whenever only property is endangered and the value of the property is $100 or more. A class 2 misdemeanor will result in a 3-12 month jail sentence. Class 3 Misdemeanor 4th Degree Arson Charged whenever only property is endangered and the value of the property is less than $100. A class 3 misdemeanor will result in up to a 6 month jail sentence. Class 4 Felony 4th Degree Arson Charged whenever a person is endangered. A class 4 felony will result in 2 to 6 years in the Colorado Department of Corrections ( DOC).
Fourth Degree Arson can be a class 3 misdemeanor, class 2 misdemeanor or a class 4 felony in Colorado. The class of misdemeanor or felony depends on whether people or property is endangered, and what the value of the property is. As you can imagine, fires that start accidentally can still cause a lot of damage, cost hundreds or thousands of dollars to control, and can easily put a person at risk or cause injury to another person. That's why you should always be cautious whenever starting a fire. Avoid any accusations or arrests for any degree of Arson by being extra careful.
Don't wait if you've been charged with Fourth Degree Arson:
Work with an attorney to get the best possible outcome in your case.
Examples of Arson in the Fourth Degree in El Paso County, Colorado
In Colorado Springs, El Paso County and across Colorado, there are many scenarios where 4th Degree Arson charges arise. You can face charges even if a fire starts on accident. For instance, perhaps you have a leak in your propane tank while grilling in your backyard. A fire starts and gets out of control. If other people are in the backyard with you, prosecutors can argue you put them at risk of serious bodily injury. Or, perhaps you and some friends are having a bonfire on your deck. A larger fire ends up starting after the wind picks up. Whatever the case may be, and even if the situation is an accident, you can still be arrested and charged with Fourth Degree Arson. Always involve a knowledgeable attorney if facing any charges of Fourth Degree Arson in Colorado. There is too much at stake and this law is unforgiving.
Why You Need the Best Denver Arson Lawyers to Defend You
A skilled attorney is indispensable in your criminal case
If you are charged with Fourth Degree Arson in Denver, Cherry Creek, Parker or any other area of Colorado, act quickly and contact an attorney right away. Colorado prosecutors can sometimes try to charge you with a more serious degree of Arson based on witness statements or evidence in your case. With the right criminal defense attorney, you can fight the government's case against you. Call O'Malley and Sawyer today so we can begin planning your defense.
Learn more about other degrees of Arson in Colorado:
- First Degree Arson – C.R.S. 18-4-102
- Second Degree Arson – C.R.S. 18-4-103
- Third Degree Arson – C.R.S. 18-4-104
Colorado Fourth Degree Arson Statute – C.R.S. 18-4-105
““(1) 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) Fourth degree arson is a class 4 felony if a person is thus endangered.
(3) Fourth degree arson is a class 2 misdemeanor if only property is thus endangered and the value of the property is one hundred dollars or more.
(4) Fourth degree arson is a class 3 misdemeanor if only property is thus endangered and the value of the property is less than one hundred dollars.
(5) 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:
(I) Bodily injury;
(II) Serious bodily injury; or
(6) For purposes of this section, “controlled agricultural burn” means 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.”