First Degree Arson Leads to Charges of Criminal Attempt to Murder

If you're facing First Degree Arson charges in Colorado, contact an attorney at the O'Malley Law Office.
If you're facing First Degree Arson charges in Colorado, contact an attorney at the O'Malley Law Office.
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A Lakewood, Colorado man is being charged with First Degree Arson – C.R.S. 18-4-102 after evidence was found that suggests that a fire that occurred at an apartment complex was intentionally set. According to police reports, the 19-year-old man shared a unit in the apartment with his father. They got into a fight, after which, the man allegedly set fire to the apartment complex in retaliation. An arson charge is common sense: the man allegedly set “fire to” an “occupied structure.” Because of this, he will be charged with first degree arson. But, because there were other people in the complex at the time he started the fire, that simple act of arson will lead to multiple charges. The same could happen in Larimer County. If people are in a building when it is set on fire, you could be held responsible and charged with criminal attempt.

Criminal Attempt: A Felony in Larimer County

Because there were people in the apartment complex at the time the man was alleged to have started the fire, he is being charged with 14 counts of attempted murder. This is under C.R.S. 18-2-101, or Criminal Attempt. According to Colorado statute, if someone engages in “conduct constituting a substantial step toward the commission of the offense,” they will be charged with criminal attempt. The Lakewood man set fire to the apartment complex. In doing so, prosecutors believe he took a “substantial step” toward murdering 14 people. Also, because there were children in complex, he has been charged with Child Abuse – C.R.S. 18-6-402. The sentence for attempt to commit murder is a felony – he could face time in the Colorado Department of Corrections.

First Degree Arson in Fort Collins, Loveland, and Estes Park

First Degree Arson is a Class 3 felony, which means that if you are convicted, you could spend up to 12 years in prison. If the fire was started with an explosive (which is considered to be a deadly weapon), however, it is considered an extraordinary risk crime: If convicted, you could spend up to 16 years in prison. Combined with the two other charges, the Colorado man is facing serious prison time. There are lesser arson charges as well: If you set fire to property that is not a building or occupied structure (building is defined as “a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals.”), you will be charged with Second Degree Arson – C.R.S. 18-4-103. Second degree arson is a Class 4 felony if the damage is $100 or more, and a Class 2 misdemeanor if the damage is less than $100.

If you or a loved one has been charged with arson, and are now facing multiple felony charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.

Source: CBS Local – http://denver.cbslocal.com/2013/08/18/police-believe-teen-started-large-apartment-complex-fire-in-lakewood/