Atlanta Woman Arrested for Allegedly Setting Apartment Complex on Fire

According to reports out of SE Atlanta, Octavia Carter, a 27-year-old woman, has been accused of setting an apartment complex on fire this past week.

Carter allegedly started a fire that damaged five apartments and thusly, displacing several families. Fortunately, the fire was extinguished without anyone getting injured. So far no details have been released has to what Carter's motive was or even how she started the fire.

As a Georgia Criminal Defense Lawyer, I will outline the crime that Carter was accused of committing: first degree arson in the state of Georgia in today's post.

First Degree Arson in Georgia

First Degree Arson in Georgia is defined in O.C.G.A. §16-7-60 as:

A person will be guilty of arson in the first degree when, by means of fire or explosion, 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 without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;
• Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;
• Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;
• Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or
• Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that is reasonably foreseeable that human life might be endangered.

There are also different degrees of arson such as Second Degree Arson in Georgia and Third Degree Arson in Georgia. Each of the degrees of arson have different legal definitions as well as different legal consequences if one is convicted of committing different offenses.

In order to be convicted of first degree arson, some must have knowingly caused damage by fire or explosive. Without both of these factors, a person cannot be guilty of committing first degree arson.

First degree arson is classified as a felony in the state of Georgia. The conviction penalties can include a fine of no more than $50,000 or by a prison term between one and twenty years, or both.

Practice Note

Georgia Felony Penalties are severe and life-changing. Being a convicted felon means that a person has less opportunities as well as less rights. If you or a loved one has been arrested in Georgia, please contact our offices today. A Georgia Criminal Defense Attorney can help you now.