Posts Tagged ‘Arson’

Utah Burglary Spree Ends in Flames

Feb
19
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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If you commit an auto burglary, you could always try to cover it up by setting the car on fire when you’re done.

Photo: puzzlement

Photo: puzzlement

Burglars are Busy Beavers

That appears to be what some auto burglars in Provo, Utah did early this morning. A woman saw a figure in black prowling around cars on the street in front of her home. She went back into her home and moments later heard a loud explosion, which turned out to be a truck going up in flames. Police noted that the fire completely destroyed the truck, but that wasn’t the only vehicle set on fire. A car further down the street was also found burning.

At least five cars—including the two that were burned—were allegedly burglarized. All the vehicles were located within a very small radius of each other. Provo police are on the lookout for the burglars-turned-arsonists.

Burglary Defined

Burglary of a vehicle is a class A misdemeanor and can be charged if a person illegally enters a vehicle intending to commit a felony or theft. If an individual decides to commit burglary of several vehicles, he can probably count on being charged with a separate misdemeanor for every car he burgles.

What Constitutes Arson?

You might be charged with arson if you use fire or explosives to set someone’s property on fire. The amount of damage caused determines the level of crime you’re charged with. For example, if you set a car on fire and the damages amount to $8000, you’ll be charged with a second degree felony. That felony charge could send you to prison for 1-15 years.

When you’ve made some mistakes and the law has caught up with you, it’s time to turn to an experienced Utah criminal defense attorney. Don’t talk to law enforcement or discuss your case with anyone but your attorney. Get the help you deserve by having a top Utah criminal defense attorney on your side.

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Alleged Arson Suspects Apprehended

Nov
20
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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Two former San Juan High School students have been arrested on suspicion of arson, burglary and theft.

Photo: Jo Naylor

What Happened?

The investigation into arson charges stems from last weekend’s fire at the San Juan High School in Blanding, Utah. The school’s media center was discovered burning early Saturday morning and is believed to be a total loss. Smoke and other damage occurred to a few other classrooms near the media center as well.

The men, ages 19 and 22, are also suspects in a recent flood of burglaries, also at the high school and at the nearby middle school. The motive behind the arson is not yet publically known. We haven’t discussed what constitutes arson or its penalties for some time, so it’s a good opportunity to refresh (or educate) your memories.

What are the Penalties for Arson?

Arson is usually charged according to the amount of property damage sustained during the crime. For example, arson is a second degree felony when the fire results in damages of $5000 or more. However, you could also be charged with second degree felony arson if:

• You commit the crime with the intention of defrauding the property’s insurer or
• Someone not involved with the crime receives serious bodily injury due to the arson

Aggravated arson is a first degree felony when a person uses fire or explosives to purposefully damage someone’s residence or any structure or vehicle when an innocent party is inside the building or car. When someone is found guilty of a first degree felony, he may be sentenced from five years to life in prison.

Let a Top Utah Criminal Defense Attorney Help You

You should contact a Utah criminal defense attorney if you have been charged with a crime or if you are being investigated for any crime. Take your case and life into your hands by receiving legal help from an experienced Utah criminal defense attorney who has a proven track record of winning in court. Make the right call today.

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Possible Arsonist Loose in Utah Neighborhood

Aug
29
Utah Criminal Defense Blog, on the topic of  Crimes
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After a rash of incidents and possible attempted fires over the past few weeks in a Utah neighborhood, residents are concerned that an arsonist is on the prowl.

Photo: Edward O’Connor

What’s Going On?

One man stated that bricks have been thrown through windows, and he believes someone tried to set his boat on fire. Doorbells have been singed and an electrical box on the side of a house was set ablaze. Thus far, no major damage has occurred, but residents are on the lookout for more trouble. Police say that they’ve interviewed possible suspects, but have not made any arrests at this point.

What is Arson?

A person in Utah may be guilty of arson if he uses fire or explosives to intentionally damage someone’s property. An arsonist is guilty of a second degree felony if he commits the crime to defraud an insurance company. The charges and penalties differ for arson depending on the financial cost of damage incurred.

For example, you could still be charged with a second degree felony if you commit arson and the damage is $5000 or greater or if someone who wasn’t involved in committing the crime suffers serious injury as a result of your efforts. It’s a class B misdemeanor if an arsonist causes less than $500 in damage.

Aggravated Arson

Aggravated arson is a first degree felony, and occurs when an arsonist uses fire or explosives to damage a:

• Habitable structure or
• A building or car when someone is inside either place

Get the Advice of a Utah Criminal Defense Attorney

An arsonist may have mental health concerns in addition to legal troubles, so it’s important that he retain an experienced, reputable Utah criminal defense attorney who can assist him in getting the help he needs. If you’re in a legal bind, let a criminal defense attorney be your guide and advocate with the court and law enforcement.

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Utah Man Responsible for Arson Goes to Police

Jul
09
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Hiring a Lawyer
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A Utah man recently turned himself into law enforcement for committing arson almost one month after being released from prison for serving an arson-related sentence.

Photo: Wisconsin Department of Natural Resources

The Accused

Wilbert Fike, Jr. admitted to starting a fire in Memory Grove. Interestingly, Fike has previously gone to police after starting other fires—another in Memory Grove. He’s been convicted of felony arson and misdemeanor arson in the past, and has a history of other criminal convictions.

What are the Penalties for Committing Arson?

The penalties for arson in Utah depend a great deal on the value of property damaged and whether or not a person was injured or killed. You could be charged with anything from a class B misdemeanor up to a first-degree felony. On occasion, a person could be charged with a capital crime if he commits arson and a person dies as a result. Someone who is found guilty of a capital crime could potentially receive a death sentence in Utah.

Criminal Charges Require the Services of a Utah Criminal Defense Attorney

Since Fike appears to have a penchant for starting fires to the extent he might not be able to stop himself, he is in need of qualified help both legally and mentally. We’ve discussed before how important it is to not discuss your case or situation with anyone but your Utah criminal defense attorney. You want to be sure that events don’t get twisted and used against you, and your attorney can help you in that regard.

If you or a loved one is in a legal jam, be it arson or otherwise, contact a Utah criminal defense attorney today. Every Utahn charged with a crime deserves the best representation possible.

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Offenses Against Property in Utah: Aggravated Arson, Reckless Burning & Abandoned Fire

Jan
04
Clayton Simms, Criminal Defense Attorney, 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.

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Arson or Accident?

Sep
09
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.

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Reckless Burning in Utah

Jul
04
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Law
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With the summer camping and fireworks seasons upon us in Utah, it is important to keep in mind that you have some responsibilities when you do these types of activities. You need to make certain that any fires you start are contained and extinguished, otherwise you may be charged with reckless burning.

Photo: jeff_golden

Reckless burning occurs when a person:

  • Recklessly starts a fire or causes an explosion that endangers human life;
  • Starts a fire, whether recklessly or not, and knows that it is spreading and might cause property loss or endangers human life and doesn’t attempt to control the fire or notify the appropriate authorities;
  • Builds a fire and doesn’t take the necessary steps to insure that all flammable materials are far enough away from the fire to prevent its spread or escape; or
  • Damages the property of another by reckless use of fire or by causing an explosion.

If you violate any of the above laws, you can be charged with anything from an infraction to a class A misdemeanor.

Abandoning a fire also carries penalties. If a person leaves a fire without first completely extinguishing it and with the intent to not return to the fire, that person may be charged with a class C to a class A misdemeanor, depending on the property damage costs. If the fire is a wildland fire, the person is also liable for any costs of suppressing the fire. 

Many people in Utah will be lighting off their fireworks today in honor of Independence Day. If you choose to participate in such an event, keep your hose and a bucket of water handy. Fireworks and camping can be a lot of fun if we all take a few precautions.

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Arson Suspect Arrested in Utah

Jun
07
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.

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Arson in Utah

Feb
14
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.

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Utah Criminal Legal Definition: Arson & Aggravated Arson

Jun
02
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.

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