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Arson is the crime of intentionally setting fire to a building or property. The purpose may be to harm people in the building, people around the building, or destroy the building or property itself. Arson in Utah can be charged as either a felony or misdemeanor crime, and either will have severe repercussions if you are convicted.
76-6-102. Arson.
(1) A person is guilty of arson if, under the circumstances not amounting to aggravated arson, the person utilizing fire or explosives unlawfully and intentionally damages:
(a) any property with the intention of defrauding an insurer; or
(b) the property of another.
(2) A violation of Subsection (1)(a) is a second-degree felony.
(3) A violation of Subsection (1)(b) is:
(a) a second-degree felony if:
(i) the damage caused is or exceeds $5,000 in value; or
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-601;
(b) a third-degree felony if:
(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-601; or
(iii) the fire or explosion endangers human life;
(c) a class A misdemeanor, if the damage caused is or exceeds $500 but is less than $1,500 in value; and
(d) a class B misdemeanor if the damage caused is less than $500.
Being charged with a crime is a very serious matter. If you have been charged you need a lawyer that will fight for you. We have worked on all types of criminal cases from misdemeanor traffic citations through serious first degree felonies. When you are charged with a crime, hiring a lawyer should be your first step. Give us a call today.
The severity of charges and sentencing related to an alleged arson is determined by the varying degrees of arson. The seriousness of the charges can be determined by whether someone was hurt or killed due to the fire. Another factor that may heavily affect the charges or sentencing is the value of the property that was damaged due to the intentionally set fire.
If someone were killed due to the fire, the arsonist would likely be charged with murder. The proximity of a residence to the fire can also be a factor. Whether or not the structure that was burned was a residence and the time of day the fire was set can also be a major factor in determining the degree of arson.
If it is alleged that the fire was set to obtain insurance monies, the suspected arsonist will likely be charged with insurance fraud as well.
As with any other criminal charges, the prosecutor of the arson case must be able to prove every element of the case against the offender completely and beyond any reasonable doubt. Utah Criminal Defense Attorneys are dedicated to proving our clients’ innocence. We will work hard to bring any weaknesses in the prosecution’s claims to light and, in turn, prove your innocence. We have extensive contacts with the local arson investigators and can have an expert review of your case.
If you have been charged with arson or any other serious crime, please call Utah Criminal Defense Attorneys, where our Utah criminal defense attorneys can immediately get to work on your case. You need someone who will fight aggressively to prove your innocence and maintain your freedoms guaranteed by the Constitution.
