Posts Tagged ‘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.

Arson or Accident?

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Hiring a Lawyer
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A Utah home was destroyed on Labor Day after being engulfed by flames early in the morning, and law enforcement are concerned it may have been caused by arson. The homeowners, who were out of town at the time, were awakened by a phone call alerting them to the situation. Firefighters were able to eventually extinguish the blaze, said to have caused at least $200,000 in damage, although a neighbor’s home also received some exterior fire-related damage.

Last Person Seen Before Fire

Photo: Justin Scott Campbell

Police are currently looking for one of the homeowners’ sons who is believed to be the last person seen at the home. The homeowners have stated that they do not think their son started the fire, but law enforcement would still like to question the son. Hopefully, this does not turn out to be a case of arson. Having your home lost to a fire is bad enough without thinking someone set the fire on purpose.

Arson Charges

Arson is a second-degree felony if the damages caused exceed $5000 in value. Aggravated arson, which includes damaging a habitable structure or a structure or vehicle when someone is in either location, is usually charged as a first-degree felony.

Hire an Attorney

A good course of action in this or any potential criminal situation is to contact a Utah criminal defense attorney immediately. Act prudently, and hire a qualified attorney who can assess your side of the story and give you the advice you need. Let your attorney do the talking when it comes to communicating with law enforcement. Sometimes an experienced attorney can diffuse a legal molehill before it becomes an insurmountable mountain.

Talk to counsel before you make any statements to law enforcement. You must look out for yourself, and your experienced attorney will help you in protecting your rights.

Arson Suspect Arrested in Utah

Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer, Utah Crime News
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A Utah man was arrested yesterday after admitting to starting several fires in the Millcreek area since April. The first fire occurred in a shed, followed by a vehicle fire in the same location two days later. On June 4, there was a home fire at the same place as the first two fires. The man is facing arson charges, but law enforcement has been unable to determine what the motivation was behind the fires.

Photo: Jason Bolonski

In the state of Utah, the charges for arson, not including aggravated arson, can range anywhere from a class B misdemeanor to a second degree felony, depending on the damage done to property or people.

There are different types of fire-setters, as not all people who commit arson do so for the same reasons.

One type is the troubled fire-setter. This individual often has a history of fire-setting, poor coping skills and doesn’t show remorse for his or her actions.

Another profile is the delinquent fire-setter. This person usually has trouble with authority, academic or behavior problems and lies about setting any fires.

There is also the strategic fire-setter. This person is often a teen who has a delinquent behavior problem, plans his fires well, may work with friends and often sets “revenge” fires.

Then there is the pathological fire-setter. There are only a few who fit this particular profile. These people may have high IQs and may have suffered physical or emotional abuse and medical or neurological problems.

It’s important for people who have been arrested and charged with arson to get legal help without delay. Find a Utah criminal defense attorney who will listen to your case and provide you with all the legal assistance you, a friend or loved one require. As noted above, there can be many reasons why a person sets fires, and those individuals need as much support, legally and otherwise, that they can get. Call an experienced Utah criminal defense attorney today.

Arson in Utah

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Crime News, Utah Law
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You may remember Patrick Ehat, a Utah man charged with several accounts of arson and burglary just before the holiday season last year.  Fuming with anger because of lies he claimed the LDS church told him, he broke into a chapel and placed fuel on everything he could see worth any spiritual or monetary value.  With just a few strokes of his cigarette lighter, the chapel was soon engulfed in flames and Pyro-Pat could be heard from the far-reaching corners of the Salt Lake Valley screaming, “Burn baby burn!”  To make a long story short, he’s currently assigned bed B of cell 24.

The penalties for arson in Utah are wide-ranging and dependent upon various factors.  One such factor has to do with the dollar amount of damage you cause, or as we like to look at it, how long the firefighters take to get there.  If you light a fire in the middle of the day, the fire department responds quickly and the damage is less than $1,500,  you may only face a misdemeanor charge.  However, if your flaming masterpiece is miles away from the nearest fire station and the fire truck happens to get a flat tire on its way to extinguish your fun, you’re looking at a second degree felony.

Other factors that can negatively influence your case have to do with whether anyone was hurt or killed as a result of your burning rampage or if there were other crimes associated with the arson such as burglary or insurance fraud.  If you have a burning desire to light something on fire, we insist that you sit down with a tall glass of ice water and think about the potential consequences.  Otherwise, you may end up bunking in cell 24 with Pyro-Pat, while we work on getting  back your freedom.

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.