Arson and Child Abuse?
Recently, a Colorado Springs man lit paper on fire and dropped it in the grass outside of a home. The fire quickly spread causing damage to an area about 150 square feet. It’s not a surprise that this man was charged with Felony Arson for putting the home at risk. But, what did surprise me was that he also got charged with Misdemeanor Child Abuse. Arson and Child Abuse? Why would he get charged with something seemingly unrelated? Doesn’t the Arson charge cover the danger he put everyone in?
This is a strategy District Attorneys in Larimer, Grand, and Boulder County use to stack the deck against you. So, why Child Abuse? Let’s examine the law to see how this charge could be applied to this Arson case.
What is Misdemeanor Child Abuse in Fort Collins?
Misdemeanor Child Abuse is broken down into two classes:
- Class 1 Misdemeanor- when a child is injured or traumatized because someone acted intentionally
- Class 2 Misdemeanor- when a child is injured or traumatized because someone acted with criminal negligence
Obviously, a child must have been involved in some way. It could be that the child was just within the general area of the fire and was potentially in harm’s way. The fact that the news story does not mention a child, or anyone else for that matter, actually being injured, I am led to believe that there were no physical injuries involved.
How Does This Apply to the Arson Case?
Well, either class could be applied, depending on what the Prosecution can prove about intent. If there is evidence that the alleged arsonist purposely set the fire, then it would be Class 1 Misdemeanor Child Abuse. If all the evidence points to the man acting neglectfully when starting the fire, then Class 2 Misdemeanor Child Abuse would be applicable. In either case, the fire had to put a child in danger.
[pullquote align=”center” textalign=”center” width=”90%”]District Attorneys file as many charges as they can to make your case seem hopeless.[/pullquote]Charged with Misdemeanor Child Abuse? Why You Need A Lawyer
Larimer County District Attorneys file as many charges as they can to make your case seem hopeless. They do that to present you with the worst-case scenario. A knowledgeable and skilled attorney can help give you that hope back. Our lawyers have experience fighting against District Attorneys and getting you the best possible outcome for your case.