The harshest of the arson charges is first-degree arson. First-degree arson is classified as a class-3 felony charge and can bring up to 12 years of prison time, or, in more extreme circumstances where explosives were used in the crime, a maximum of 16-years in jail. Missouri still punishes this act, given its reckless nature, classifying it as a Class A misdemeanor, and punishable by a maximum of one year in jail and a monetary fine of up to $2,000.00. A Black Lives Matter rioter was sentenced to five years in prison after pleading guilty to first-degree arson for setting the Portland Police Bureau's north precinct on fire at an Antifa riot last June. If you have been convicted of arson in the past, you will likely face a harsher sentence than someone who has no prior convictions. If youve been charged with arson, you should speak with an expert criminal lawyer. We hope this article answers the question of how long you go to jail for arson. How much prison time depends upon many factors, such as the person's prior . (Utah Code 76-3-204, 76-3-301, 76-6-102 (2022).) Another aggravating circumstance is the property destroyed as a result of the arson. The perpetrators were sentenced to six years in jail and included a veteran firefighter named Ray Norton Jr. If you have been charged with arson, you should take every step possible towards ensuring your rights and freedoms arent in jeopardy. 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. Find out more about these charges by contacting the Simmrin Law Group for a free consultation. These charges include malicious arson and reckless burning. 3500 W Olive Ave, Suite 314 Burbank, CA 91505. 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. [1971 c.743 144; 1991 c.946 1; 2005 c.706 4] ORS 164.335 Reckless burning. (1) A person is guilty of arson in the first degree if he or she knowingly and maliciously: (a) Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or (b) Causes a fire or explosion which damages a dwelling; or Depending on the type of arson you were charged with and the circumstances surrounding your charge, including whether or not people were in harms way and how much property damage you allegedly caused, your charge may end up as either a misdemeanor or a felony. A primary defense method, if possible, will be that the fire was accidental. . Fourth-degree arson carries a sentence of one to three years in prison. Next to murder, however, first-degree arson is usually listed as one of the most serious offenses. Arson conviction might also result in probation, in which the person convicted is supervised by a probation officer and has to follow certain conditions set by the court. Location: Okla. Stat. This profit can also come in the form of, surprisingly, firefighters committing arson to provide themselves work or to be deemed a hero. As this is a more serious crime, probation is a possibility here as well, sometimes lasting in the upwards of five years. However, you should know that the state of California does not always use these distinctions. All the remaining elements of first degree arson would have to be proven. So, Bob decides to start a fire in the building and hopes to collect once it burns down. (303) 996-8998 | (720) 260-8787. Reach out to us now for legal guidance. Tyler Chen pleaded guilty to multiple counts of arson and insurance fraud. Q: I didnt mean to start the fire. Although dealing with an arson charge may seem daunting, especially when you factor in the serious penalties you may be facing if you end up convicted, there are ways to craft a successful defense to get you the best outcome possible. Other aggravated conditions will also result in high penalties. The Glendale fire department estimates that Orr started as many as 2,000 different fires, causing millions of dollars of property destruction and killing four people. and if a person is accused of burning a dwelling it does not matter if a person is actually home at the time of the act. Charlotte Criminal Defense and DWI Lawyer. The malicious or illegal intent is usually inferred from the surrounding circumstances. 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. The following villages are part of it: The municipality's political parties are the CSU, SPD . In most states, arson is classified as a felony offense. Penalties will also be determined based on how much danger it put others in. Putnam & Kemp have been moved to the Simpson County Jail. If the arson causes harm to another person, additional misdemeanors can be charged. Arson is a serious crime that can have life-changing consequences, which raises the question, how long do you go to jail for arson? But that thought did not run through the mind of Jacksonville man Christopher Joseph Koepke. The previously burned items were again placed in these warehouses to collect further insurance claims. [1971 c.743 144; 1991 c.946 1; 2005 c.706 4] Source Last accessed Jun. A defendant in Texas faces five to ninety-nine years of life in prison. 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. Organized Retail Theft First Degree Organized Retail Theft Second Degree Over 18 and Deliver Heroin, Methamphetamine, a Narcotic from Schedule I or II, or Flunitrazepam from Schedule IV to Someone under 18 Over 18 and Deliver Narcotic From Schedule III, IV, or V, or a NonNarcotic, Except Flunitrazepam or Methamphetamine, from schedule You can reach members of our team if you call (310) 997-4688 or if you fill out our online contact form. 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. Finally, the use of explosive devices or breaking and entering to commit the arson will also often result in an aggravated charge. These felons often target dumpsters, vacant houses, and even occupied buildings. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion. These conditions might include attending counseling, not being in contact with the victim, or getting a job. However, Orr continued to elude authorities. This can end up impacting the type of charge you end up with. Individuals will face fines and up to: Finally, individuals will face more prison time if they engage in arson that harms someone else. Whether defenses apply to arson charges depends on the circumstances and the arson laws of the state where the fire happened. Unlike first degree arson, an active jail sentence is not required. First Degree Arson: A person who "willfully and maliciously" sets fire to someone's home. They were also under the impression that by setting fires, their local governments would respond by hiring more firefighters after a series of layoffs in the early 80s. This blog post will discuss the penalties for arson and the different factors that contribute to how long you may be incarcerated. ADVERTISEMENT Mia Cathell Jun 18, 2021 4 minute read ADVERTISEMENT ADVERTISEMENT First degree arson is a Class D felony. However, individuals can face one year of jail time if they are convicted of: Finally, some people in California are accused of felony-level reckless burning. The first is the value of the property that was damaged. If this person has a separate count of 1st degree arson for each fire set, then 8 counts of a 1st degree felony will score a minimum amount of mandatory prison time. But it can also refer to intentionally burning other items, such as a car, a boat, or a forest. In most cases, arson will be considered a felony, but it can also be prosecuted as a misdemeanor, destruction of property, or criminal mischief. After buying the policy, Koepke proceeded to buy a gas can from a local store. It also means those arraigned on the charge are subject to a "dangerousness hearing" in order to obtain bail. The arson ring was blamed for starting around 260 fires in Massachusetts from 1982 to 1984. These cookies do not store any personal information. Original Source: It involves setting fire to a building or other type of structure. State v. King, 42 Or App 721, 601 P2d 845 (1979), As element of proof under this section, state must prove property had "value" as defined by ORS 164.005 and neither "symbolic value" or "value in use" is sufficient; therefore, burning rag could not support conviction of first degree arson. On the other hand, arson offenses classified as second-degree felonies have a statute of limitations of three years. A third-degree arson charge, much like a second-degree arson charge, can end up in a 6-year jail sentence, at the most. Arson in the first degree is a Class A felony and comes with a prison sentence of 15 to 25 years. The statutory language varies significantly from both First and . Depending on the severity of your arson charge, including whether its a misdemeanor or felony, you may have to pay fines ranging from hundreds of dollars to hundreds of thousands of dollars. A few factors can contribute to how long you may be incarcerated if convicted of arson. There are a few aspects that are required when proving arson charges. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. In this case, arson charges may also come with a conviction of insurance fraud. Arson is classified as either first degree arson or second degree. On July 16, Uu was resentenced to 10-year prison terms for two counts of second-degree arson and five-year prison terms for two counts of second-degree theft and first-degree unauthorized entry . Q: What if I was just trying to get rid of some trash? The probation conditions for a first-degree charge can be intensive and are tailored to address a defendants motivation for setting the fire. First degree arson is a felony punishable by up to 30 years in prison, thus making it one of the most serious crimes in Maryland. If the damage is extensive, you could be facing a longer sentence. In Colorado, arson can be in the first, second, third or fourth degree depending on: For example, lets say Bob has a five million dollar insurance policy on a building. The aggravating factors that provoke the first-degree charge vary by state. Personal Information Revealed Online, History of the Freedom of Information Act. 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 you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Name Sentence start Sentence term Country Description Terry Nichols: 1995 161 life sentences without parole United States Convicted of 161 counts of first-degree murder, first-degree arson, and conspiracy by the state court of Oklahoma for his part in the Oklahoma City bombing of April 19, 1995: also sentenced in federal court for terrorism and eight counts of involuntary manslaughter. In this article, we will cover the punishments for arson and the differences in arson laws by state. An attorney can help you understand the appeals process and give you the best chance of success. A person is guilty of fifth-degree arson if they have intentionally damaged someone elses property by causing a fire but causing no harm to individuals. How much jail time you get depends on a wide variety of factors, so it is always best to work with an . Degrees of Arson New Jersey recognizes four degrees of arson with first degree arson being the most serious offense. It can range from setting something small and of low value on fire, to setting someones home ablaze while theyre inside. For a free legal consultation, call (310) 928-9347. The use of accelerants, though, is often how a person is caught when committing insurance fraud. First degree arson is the most serious charge, and a class A I felony. Arson is generally defined as the burning of someone elses property with the intent to do so, also including charring and the use of explosives. 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. First Degree vs. Second Degree Arson in Florida. First-degree arson is classified as a class-3 felony charge and can bring up to 12 years of prison time, or, in more extreme circumstances where explosives were used in the crime, a maximum of 16-years in jail. More and more cities ban firecrackers during Fourth of July celebrations because of the number of people that accidentally set nearby houses on fire with bottle rockets. . PEORIA A fire started late Sunday night at the Planned Parenthood clinic on North Knoxville Avenue is believed to be arson, an action decried by the organization's officials. The statute also includes a person who "aids, counsels or procures" the burning of someone's home. Heres a sample of several state arson laws: Governed by Texas Penal Code 28.01, Texas views arson as when someone sets one of the following properties on fire: Its also arson when a fire or explosion is caused by the manufacturing of illegal substances. Ca 91505 might include attending counseling, not being in contact with the victim, a... The mind of Jacksonville man Christopher Joseph Koepke person commits the crime of burning. The mind of Jacksonville man first degree arson jail time Joseph Koepke of factors, so it is always best to with. 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