According to reports out of Fulton County, a man was arrested after allegedly setting fire to his apartment in Roswell. The incident occurred after an alleged dispute over the rent prices. There were family members still inside the apartment when the man set the unit on fire.
Fortunately, the fire was quickly extinguished, and according to police, no one was injured.
The man is facing charges of:
- Reckless Conduct in Georgia
- Criminal Trespass in Georgia
- Criminal Damage to Property in Georgia
- And Arson in Georgia.
In today's post, I will outline the law behind arson in Georgia as a Georgia Criminal Defense Lawyer.
First Degree Arson in Georgia
Georgia Law defines first degree arson in Georgia 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.
Georgia Law also depicts two other degrees of arson in the Georgia Code: second degree arson in Georgia and third degree arson in Georgia.
A first degree arson conviction carries a penalty of a fine no more than $50,000 or by a prison term between one and twenty years, or both.
Practice Note
Property crimes and interference crimes are taken very seriously in the state of Georgia as they are crimes that threaten public safety. These crimes range from littering to arson.
This is an incredibly wide variety of criminal offenses and require an experienced Georgia Criminal Defense Attorney for an accurate explanation as well as a sufficient defense. If you or a loved one has been arrested, contact our offices today. We can help you with your case now.
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