According to reports out of Cobb County, authorities are offering a $10k reward for any information leading to the arrest of Kia Brumfield.
She has been accused of setting part of a hotel room on fire at the Extended Stay America. Fortunately, the crews were able to prevent the fire from spreading to other rooms, and no one was injured.
As a Georgia Criminal Defense Attorney, I will outline the offense of first-degree arson in today's post so as to provide a clearer understanding of what actions actually constitute the offense.
First Degree Arson in Georgia
Arson is defined by the Georgia Code in O.C.G.A. §16-7-60 by a separation of three different degrees. In today's post, I will outline first degree arson, although it is important to note that there are varying degrees of second and third degree arson as well.
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 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.
As described by the law, the main elements of arson are, first, that the damage was knowingly done and, second, that it was done by fire or explosive. Without both of these elements, a person cannot be guilty of arson.
First degree arson is classified as a felony offense in Georgia. A person convicted of arson in the first degree shall be punished by a fine of no more than $50,000 or by a prison term between one and twenty years, or both.
Practice Note
Georgia Felony Punishments as well as Georgia Misdemeanor Punishments should not be handled lightly either. If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Lawyer today.
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