First degree arson in Colorado

What the charge means

First degree arson is defined in C.R.S. 18-4-102. To convict, prosecutors must prove each of these elements beyond a reasonable doubt:

• You knowingly set fire to, burned, caused to be burned, or used an explosive to damage or destroy property. Knowingly means you were aware of what you were doing. An accidental fire is not arson.
• The property was a building or an occupied structure. An occupied structure is any place used or likely to be used for people to live or gather. A house counts even if nobody is home at that moment.
• The property belonged to someone else, and that person did not consent.

Common scenarios include a fire set at a former partner's home after a breakup, a fire inside a rented apartment or commercial space during a dispute, and a small fire that a jury is told was meant to burn the structure itself. Burning your own property is not first degree arson, though it can be charged under other arson statutes, for example when it endangers other people or is done to collect insurance.

Classification and sentencing

The felony class depends on what burned:

• Class 3 felony when the property is an occupied structure. If the court imposes prison, the presumptive range is 4 to 12 years, followed by 3 years of mandatory parole, with a possible fine of $3,000 to $750,000.
• Class 4 felony when the property is a building that does not qualify as an occupied structure. If prison is imposed, the presumptive range is 2 to 6 years, followed by 3 years of mandatory parole, with a possible fine of $2,000 to $500,000.

There is one major enhancer. If the arson was committed by use of an explosive, the court must sentence under Colorado's crime of violence statute, C.R.S. 18-1.3-406. That means prison is mandatory and the range expands. For a class 3 felony sentenced as a crime of violence, the range runs from 10 to 32 years, and for a class 4 felony it runs from 5 to 16 years.

Outside the explosive provision, these ranges describe what applies only if the court sends someone to prison. Probation, community corrections, or other sentences are often legally possible, and aggravating or mitigating findings can move the range.

What else it touches

A felony arson conviction reaches well past the sentence:

• Firearms. Any felony conviction bars possessing a firearm under both Colorado and federal law.
• Immigration. Arson convictions can be treated as aggravated felonies under federal immigration law, which can mean removal and loss of most forms of relief for a noncitizen.
• Record sealing. A dismissed or acquitted charge can usually be sealed right away. Sealing a felony arson conviction requires a multi-year waiting period, and some convictions are not eligible at all.
• Money and licenses. Restitution for fire damage can be substantial, and a felony record can affect professional licenses and housing.

We defend arson charges as part of our Colorado criminal defense practice. A free consultation is the place to get answers about a specific situation, and we return calls and emails the same business day.