Arson in Colorado

The attorneys at Rights & Liberties Law Firm are experienced arson attorneys in Colorado who defend people charged with arson.

In Colorado, arson can be charged as a misdemeanor or felony depending on a variety of factors including the mental state of the accused, the severity of the damage caused, the value of the property damaged, and whether explosives were used.

The Colorado Criminal Code divides arson into four distinct offenses based on the severity of the arson or degree. There are four degrees of arson. First degree arson carries the most serious penalties. Fourth degree arson carries the least severe penalties.

First Degree Arson

First Degree Arson is defined in Colorado’s arson statute C.R.S. Section 18-4-102. The Colorado arson statute defines First Degree Arson as follows:

C.R.S. Section 18-4-102, Colorado’s First Degree Arson Statute

(1) 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.

(2) First degree arson is a class 3 felony if the arson is of an occupied structure, and it is a class 4 felony if the arson is of a building. (3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

(3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

Second Degree Arson

Second Degree Arson is defined in Colorado’s arson statute C.R.S. Section 18-4-103. The Colorado arson statute defines Second Degree Arson as follows:

C.R.S. Section 18-4-103, Colorado’s Second Degree Arson Statute

(1) 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.

(2) Second degree arson is:
(a) A petty offense if the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if the value of the property is one million dollars or more.

Third Degree Arson

Third Degree Arson is defined in Colorado’s arson statute C.R.S. Section 18-4-104. The Colorado arson statute defines Third Degree Arson as follows:

C.R.S. Section 18-4-104, Colorado’s Third Degree Arson Statute

(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.

(2) Third degree arson is a class 5 felony.

Fourth Degree Arson

C.R.S. Section 18-4-105, Colorado’s Fourth Degree Arson Statute

(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.

(2) Fourth degree arson is a class 4 felony if a person is thus endangered.

(3) Fourth degree arson is:
(a) A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if only property is thus endangered and the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if only property is thus endangered and the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if only property is thus endangered and the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if only property is thus endangered and the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if only property is thus endangered and the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if only property is thus endangered and the value of the property is one million dollars or more.

(4) Repealed.

(5) It shall not be an arson offense pursuant to this section if:
(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and
(b) No person suffers any of the following as a result of the fire:
(I) Bodily injury;
(II) Serious bodily injury; or
(III) Death.

(6) For purposes of this section, “controlled agricultural burn” means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire.

Possible Penalties for Arson in Colorado

Arson can be charged as felony, misdemeanor, or petty offense depending on the alleged degree of the arson. Regardless of the degree of arson alleged, the possible penalties for an arson charge are serious. They include possible fines, restitution, probation, jail, and prison followed by parole. Additionally, an arson conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from an arson conviction.

Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with arson in Colorado will face.

Degree of Arson

First Degree Arson Arson 18-4-102 (Use of Explosives)

First Degree Arson 18-4-102 (Occupied Structure)

First Degree Arson 18-4-102 (Unoccupied Structure)

Second Degree Arson 18-4-103 (a)

Second Degree Arson 18-4-103 (b)

Second Degree Arson 18-4-103 (c)

Second Degree Arson 18-4-103 (d)

Second Degree Arson 18-4-103 (e)

Second Degree Arson 18-4-103 (f)

Second Degree Arson 18-4-103 (g)

Second Degree Arson 18-4-103 (h)

Third Degree Arson 18-4-104

Fourth Degree Arson 18-4-105 (a)

Fourth Degree Arson 18-4-105 (b)

Fourth Degree Arson 18-4-105 (c)

Fourth Degree Arson 18-4-105 (d)

Fourth Degree Arson 18-4-105 (e)

Fourth Degree Arson 18-4-105 (f)

Fourth Degree Arson 18-4-105 (g)

Fourth Degree Arson 18-4-105 (h)

Possible Penalties

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine; +
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Degree of Arson

First Degree Arson Arson 18-4-102 (Use of Explosives)

First Degree Arson 18-4-102 (Occupied Structure)

First Degree Arson 18-4-102 (Unoccupied Structure)

Second Degree Arson 18-4-103 (a)

Second Degree Arson 18-4-103 (b)

Second Degree Arson 18-4-103 (c)

Second Degree Arson 18-4-103 (d)

Second Degree Arson 18-4-103 (e)

Second Degree Arson 18-4-103 (f)

Second Degree Arson 18-4-103 (g)

Second Degree Arson 18-4-103 (h)

Third Degree Arson 18-4-104

Fourth Degree Arson 18-4-105 (a)

Fourth Degree Arson 18-4-105 (b)

Fourth Degree Arson 18-4-105 (c)

Fourth Degree Arson 18-4-105 (d)

Fourth Degree Arson 18-4-105 (e)

Fourth Degree Arson 18-4-105 (f)

Fourth Degree Arson 18-4-105 (g)

Fourth Degree Arson 18-4-105 (h)

Possible Penalties

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine; +
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Defenses to Arson in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the arson offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the arson exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.

Lesser Included Offense Defense

In certain circumstances, the accused can raise the defense of lesser included offense in an arson case by arguing that the accused is not guilty of the more serious degree of arson but only guilty of the lesser degree of arson. For example, a person charged with a first degree arson who raises the lesser included offense defense may contend that the first degree arson was really a second degree or fourth degree arson. In some circumstances the accused may contend that the first degree arson was so lacking in seriousness as to amount to a second or third degree misdemeanor arson. In lesser included offense defenses, the accused admits that the crime of arson happened but challenges the severity and degree of the type of arson alleged.

Lesser Non-Included Offense Defense

Lesser non-included offense defenses are somewhat novel. They often require litigation and favorable rulings from a judge before the jury can be instructed on a lesser non-included offense. The gist of a lesser non-included offense defense is that the accused admits that a crime happened but contends that the crime was not an arson but rather some other type of crime like disturbing the peace. This defense can significantly reduce the accused’s exposure to serious felony consequences because some of the lesser non-included offenses that an accused may raise in a criminal arson case are lower level misdemeanor or even petty offenses. This defense is uncommon but in certain cases it can be successfully raised.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged arson. As the prosecution is required not only to prove that the arson happened, but that the person charged committed the arson, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of an arson case, mistaken identify defenses usually arise when the accused is arrested and charged with arson after the alleged arson happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.

Alternate Suspect

The alternate suspect defense occasionally arises in arson cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the arson charges. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of arson by raising the possibility that another person committed the arson rather than the accused. In Colorado arson trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”

If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in arson cases, certain circumstances will give rise to the availability of this defense.

Statute of Limitations for Arson in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for Colorado arson crimes is as follows:

First Degree Arson charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Felony Second, Third, and Fourth Degree Arson charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor Second and Fourth Degree Arson charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Petty Second and Fourth Degree Arson charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

Contact the experienced attorneys at Rights & Liberties Law Firm to Fight for You Today

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