An Overview of Arson in Colorado

  • Jun 22 2017

The crime of arson is committed when one intentionally, knowingly, or recklessly sets fire to, burns, or uses an explosive to:

  • Damage or destroy one’s own property, or
  • Damage or destroy the property of another without consent.

In Colorado, arson is classified by degree, and it can result in either a felony or misdemeanor charge, depending on the circumstances. In Colorado, there are four degrees of arson based upon a few varying factors.

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. First-degree arson is considered a class 3 felony in Colorado, and it is punishable by 4 to 12 years in prison and a fine of between $3,000 and $750,000.

If one is convicted of committing first-degree arson by the use of any explosive, the state of Colorado considers this a crime of violence, which results in a mandatory prison sentence of between 10 and 32 years.

Second Degree Arson

Second-degree arson occurs when one knowingly sets fire to, burns, or uses an explosive device to damage or destroy any property of another, other than a building or occupied structure, without consent.

Second-degree arson can result in either a felony or misdemeanor charge, depending on the damaged property’s value. For property damage valued at $100 or more, second-degree arson is a class 4 felony and is punishable by 2 to 6 years in prison and a fine of between $2,000 and $500,000.

In cases in which the property damage is valued at less than $100, second-degree arson is a class 2 misdemeanor and is punishable by 3 to 12 months in jail, and a fine of between $250 and $1,000.

Third Degree Arson

Third-degree arson occurs when one intentionally damages property by means of fire or explosives with intent to defraud. Third degree arson is a class 4 felony and is punishable by 2 to 6 years in prison and a fine of between $2,000 and $500,000.

Fourth Degree Arson

Fourth degree arson occurs when one knowingly or recklessly starts a fire or causes an explosion that places another in danger of death or serious bodily injury. This crime also occurs when one places the building or occupied structure of another in danger of damage by the aforementioned actions.

When a person is endangered by the above conduct, fourth degree arson is a class 4 felony and is punishable by 2 to 6 years in prison and a fine of between $2,000 and $500,000.

If only property is endangered by the above conduct, and the property is valued at $100 or more, fourth degree arson is a class 2 misdemeanor and is punishable by 3 to 12 months in jail and a fine of between $250 and $1,000. If the endangered property is valued at less than $100, fourth degree arson is a class 3 misdemeanor and is punishable by up to 6 months in jail and a fine of between $50 and $750.

If you’re facing arson charges, it’s imperative that you engage the services of an experienced criminal law attorney in order to achieve the best possible outcome in your case. Please contact us for a free consultation at (720) 897-1550 or (888) 694-2093 (toll-free).

Posted in: Felony Laws