Arson

A person who 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 building or occupied structure of another without his consent commits first-degree arson.Conditions for charges under first-degree arson include:

• Directly setting fire to a business, residence or any other type of structure owned by another person that may be occupied
• Causing the structure to catch fire, such as with an electrical short or wiring
• Using an explosive such as dynamite or blasting clay, or an improvised explosive device such as a pipe or car bomb as a way to damage the structure

First-degree arson is a class 3 felony.

Second-Degree Arson- CRS § 18-4-103

Burning something other than a building is enough to be charged with second-degree arson.
The statute reads as follows:

A person who 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, commits second-degree arson.

Until March 1, 2022, second-degree arson was prosecuted as a Class 4 Felony. However, this statute was amended to create a variable offense table, which may be found below.
A full schedule may be found below:

Property Value	Class	Type of Offense
> $300	N/A	Petty
$300 > $1,000	1	Misdemeanor
$1,000 > $2,000	6	Felony
$2,000 > $5,000	5	Felony
$5,000 > $20,000	4	Felony
$20,000 > $100,000	3	Felony
$100,000 > $1 million	2	Felony

Third-Degree Arson (arson with the intent to defraud) – CRS § 18-4-104

Arson committed with the intent to commit any sort of fraud, including insurance fraud, is a class 4 felony. This includes setting fire to a house, car or place of business to fraudulently claim accidental insurance.

Fourth-Degree Arson – CRS § 18-4-105

Also known as endangering, if a person causes a person or their property to be in danger of harm, then that person is guilty of fourth-degree arson.
Some examples of fourth-degree arson include:

• Setting a housefire which begins to spread to a neighbor’s home
• Shooting off fireworks which spark a field and begin moving towards a person’s property
• Starting a fire while a person is inside a building

Fourth-Degree Arson is punishable roughly as a class-4 felony if a person is endangered. Otherwise, the crime is punishable by the following schedule:

Property Value	Class	Type of Offense
< $300	N/A	Petty
$300 > $1,000	2	Misdemeanor
$1,000 > $2,000	1	Misdemeanor
$2,000 > $5,000	6	Felony
$5,000 > $20,000	5	Felony
$20,000 > $100,000	4	Felony
$100,000 > $1 million	3	Felony
$1 million+	2	Felony

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Penalties

The penalties for arson vary widely depending on the classification. We’ve included the highest and lowest possible penalties for each degree below:

Degree of Arson	Minimum Penalty	Maximum Penalty
First-Degree Arson	4 years imprisonment $3,000 fine	12 years imprisonment $750,000 fine
Second-Degree Arson	No penalty.	Imprisonment of 10 days in jail $300 fine
Third-Degree Arson	2  years imprisonment $2,000 fine	6 years imprisonment $500,000 fine
Four-Degree Arson	No penalty	6 years imprisonment $500,000 fine

In addition to the above penalties, arson can result in restraining orders, loss or raising of insurance as well as civil penalties.

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Defenses

Lack of Intent: The defendant did not intend to start a fire or cause damage. Arson typically requires intentional or malicious actions, so demonstrating a lack of intent can be a powerful defense. However, this would not protect a person against criminal negligence or second-degree arson. The defense would need to show that the defendant took reasonable precautions and that the fire was an unforeseen accident.

Mistaken Identity: The defendant was not the person who started the fire. This would require alibi evidence or challenging the evidence used to identify the defendant as the perpetrator. This could involve challenging the reliability of witness testimony, the validity of forensic evidence, or the interpretation of circumstantial evidence.

Mental State: In some cases, it might be argued that the defendant was not in a mental state that allowed them to understand the consequences of their actions or to control their behavior. This could involve mental health defenses such as insanity or diminished capacity.

Consent: Arson requires that the property be burned without consent. If the property was burned with the consent of the owner, and for a lawful purpose (e.g., controlled burns in agriculture), this could be used as a defense. However, this would not apply in cases where the intent was to commit fraud, such as to claim insurance money.

Mistake of Fact: Arguing that the defendant had a reasonable but mistaken belief about a fact that, if true, would have made the act lawful. For example, believing that the property was abandoned or that they had permission to start a fire.

Necessity: In rare cases, it might be argued that the act was necessary to prevent a greater harm, such as starting a counter-fire to stop the spread of a larger wildfire.

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Additional Resources

Home Fire Safety – The American Red Cross of Colorado is a key resources after a fire. If you, a friend or a loved one have been affected by arson, the Red Cross can help. The Red Cross offers fire safety manuals, such as the linked article, as well as assistance post-fire for shelter.

Denver Victim Assistance Unit – The Denver Police Department’s VAU offers resources for victims of crime, including victims of arson. The attached link provides a contact to the DPVAU, as well as contact information for the Center for Trauma and Resilience.

What is Pyromania – The Recovery Village, a Denver-based mental health treatment facility, explains what pyromania is and disputes its link to arson. According to linked article, arson is done deliberately for financial or emotional gain, and usually not as a result of lack of impulse control.

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Hire an Arson Criminal Defense Attorney in Denver, Colorado

Get started on your defense as soon as possible with The Law Office of Matthew A. Martin, P.C. by calling our office at (303) 725-0017.

The Law Office of Matthew A. Martin, P.C. has offices in Denver, but accepts clients in nearby counties including Adams County, Arapahoe County, Broomfield County, Jefferson County, Douglas County, and Boulder County.

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