Posts Tagged ‘Aggravated Arson’

Offenses Against Property in Utah

Utah Criminal Defense Blog, on the topic of  Utah Law
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The Utah Criminal Code has a section that specifically covers Offenses Against Property in Utah such as: arson, aggravated arson, reckless burning and abandoned fire, just to name a few.

Photo: Ben Watts

Arson

A person is guilty of arson if that individual illegally and purposefully damages-by use of fire or explosives-another person’s property or any property with a plan to defraud an insurance company. The possible charges can be anywhere from a second-degree felony to a class B misdemeanor, particularly depending on the value of damage caused and whether a person was injured.

Aggravated Arson

This type of arson is caused when a person intentionally and unlawfully (by fire or explosives) damages a habitable structure or any structure or vehicle when a person is inside it, and the person is not a party to the arson.

Reckless Burning

Another of the many offenses against property includes reckless burning. Reckless burning can involve an infraction up to a class A misdemeanor:

• Recklessly starting a fire or causing an explosion which endangers human life
• Starting a fire, whether recklessly or not, and not doing anything to attempt to extinguish the fire or giving prompt notice to the appropriate authorities
• Building or maintaining a fire without trying to keep the fire from spreading
• Damaging another person’s property through reckless use of fire or an explosion

Abandoned Fire

If you leave a fire without putting it out or without intention of returning to the fire, it will usually be a class C to a class A misdemeanor. If the fire involved is a wildland fire, the person who started the blaze will also be liable for suppression costs.

If you are charged with any crime, whether it is included in this list or not, please don’t hesitate to contact a Utah criminal defense attorney right away. You need the services a competent, experienced criminal defense attorney can provide.

Utah Criminal Legal Definition: Arson & Aggravated Arson

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
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Arson in Utah is defined as using fire or explosives to damage property to defraud an insurer or damage someone else’s property.  This applies mostly to defendants who burn property other than residences or vehicles with people in them.  If the arson unintentionally injures a person, the defendant is liable for a harsher penalty.

Aggravated Arson in Utah is defined as using fire or explosives to damage someone’s house or apartment, or any structure or vehicle that contains a person.  This is a first degree felony.

U.C.A. 76-6-102: Arson

(1) A person is guilty of arson if under circumstances not amounting to aggravated arson, by means of fire or explosives, the person unlawfully and intentionally damages: (a) any property with intention of defrauding an insurer; or (b) the property of another.

U.C.A. 76-6-103: Aggravated arson

(1) A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages: (a) a habitable structure; or (b) any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.