Two brothers have been arrested in connection to the firebombing of an Atlanta Police Officer's home this past June.
Wesley and Quinton Wise allegedly paid a man $50 in cash and $100 worth of crack cocaine to throw a homemade bomb through the kitchen window of an officer's home. The alleged motive for the act was that they did not want an officer living so close to where they sell drugs.
As a Georgia Criminal Defense Lawyer, I will outline the law behind one of the offenses faced by both of the brothers - first degree arson. There are two other degrees of arson: second degree arson in Georgia and third degree arson in Georgia.
First Degree Arson in Georgia
First degree arson in Georgia is defined by the Georgia Code 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.
The penalty for a first degree arson conviction includes a fine of no more than $50,000 or by a prison term between one and twenty years, or both.
Practice Note
Regardless of circumstances - a person is not to be assumed guilty just because of an arrest or the result of an investigation. Every individual is to be presumed innocent until their day in court.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.
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