Atlanta, Ga. - The burning of the Wendy's restaurant where Rayshard Brooks was shot and killed by police has made national headlines. The fast-food restaurant is located on University Avenue. It was set on fire the Saturday after Brooks was shot. Atlanta Fire Investigators have identified a suspect who they believe is responsible for the fire.
Authorities have issued arrest warrants for the suspect on charges of first-degree arson. And as a Georgia Criminal Defense Lawyer, I will outline the law behind this offense in today's post. Read below.
Arson in Georgia
Georgia Law breaks down the crime of arson into three different degrees. See below.
First-degree arson in Georgia is defined as:
A person will be guilty of arson in the first degree when by means of fire or explosive, whether or not in the commission of a felony, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any dwelling house of another or any building, vehicle, railroad car, watercraft, or other structure of another…
First-degree arson is classified as a felony in the state of Georgia. The penalty can include a prison sentence of one to twenty years, a fine up to $50,000, or both.
Second-degree arson in Georgia is defined as:
A person will be guilty of arson in the second degree when by means of fire or explosive, whether or not in the commission of a felony, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage…
Second-degree arson is classified as a felony in the state of Georgia. The penalty can include a prison sentence of one to ten years, a fine up to $25,000, or both.
Third-degree arson in Georgia is defined as:
A person will be guilty of arson in the third degree when by means of fire or explosive, whether or not in the commission of a felony, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any personal property.
Third-degree arson is classified as a felony in the state of Georgia. The penalty can include a prison sentence of one to five years, a fine up to $10,000, or both.
Practice Note
Property offenses such as arson and criminal damage to property in Georgia are handled very severely. The consequences for convictions of these offenses should not be taken lightly. If you or a loved one has been arrested in the state of Georgia, call our offices now.
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