Georgia Man Accused of Planning Arson While Woman and Children Inside Home

Gregory Garrett is facing charges of:

• Georgia Aggravated Assault
• Georgia Battery
• Georgia Terroristic Threats
• Georgia Cruelty to Children

According to reports, Garrett allegedly assaulted a woman in her Hall County home and tried to burn down her home while she and her children were inside. He allegedly beat the woman leaving her with visible bruises, marks, and scratches. The police report states that he brought gasoline and charcoal to the home with the intention of burning it down.

Garrett is also facing attempted arson. As a Georgia Criminal Defense Lawyer, I will explain the law behind arson in Georgia as there are different degrees with different penalties, and the offenses are complicated to understand.

First Degree Arson in Georgia

The Georgia Code defines 1st degree arson in Georgiaas:

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…

• 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;
• 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;
• 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;
• Whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or
• Under such circumstances that is reasonably foreseeable that human life might be endangered. O.C.G.A. §16-7-60.

If the accused person is convicted of first-degree arson, 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

The Georgia Code defines 2nd degree arson in Georgia 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…

• any building, vehicle, railroad car, watercraft, aircraft, 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, lien, or a conveyance to secure debt, without the consent of both. O.C.G.A. §16-7-61.

If the accused person is convicted of second-degree arson in 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

The Georgia Code defines 3rd degree arson in Georgia 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:

• Of another without his or her counsel or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;
• When such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or
• With the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more. O.C.G.A. §16-7-62.

If the accused person is convicted of third-degree arson in Georgia, the penalty can include a prison sentence of one to five years, a fine up to $10,000, or both.

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If you or a loved one has been accused of committing a crime in Georgia, contact a Georgia Criminal Defense Attorney today. We know that no one should be assumed guilty just because they have been accused of committing a criminal offense. We will investigate your particular case and determine which Georgia Criminal Defenses apply. Contact us now.