Georgia Criminal Defense Blog

Man Arrested for Arson After Allegedly Setting His Mother’s House on Fire in Georgia

Posted by Richard Lawson | Apr 26, 2019 | 0 Comments

Johnny Miller, a 40-year-old man, has been arrested this past week after allegedly getting angry with his mother and setting her house on fire in Cobb County.

Arson is a very serious crime in Georgia. It is an offense that has multiple crimes associated with it. Arson is broken down into three different degrees: first-degree arson, second-degree arson, and third-degree arson. It is irrelevant as to how valuable the property is for first and second-degree arson. However, third-degree arson applies to personal property that has a value up to $250. All degrees of arson are classified as felonies in Georgia. 

As a Arson is a severe crime and is one that has multiple crimes associated with it. Arson is broken down into three different degrees: first-degree arson, second-degree arson, and third-degree arson. It is irrelevant as to how valuable the property is for first and second-degree arson. However, third-degree arson applies to personal property that has a value of at least $250.00. All degrees of arson are prosecuted as felonies in Georgia. 

As a Georgia Criminal Defense Lawyer, I will outline the offense of arson in the first degree today.

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.

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

If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney today. The reality is that just because it's reported on the news - does not mean that someone is guilty or that the facts that are reported are true for the case.

However, what is important is how Mr. Miller shows up after his arrest. If Mr. Miller misses a court date in Georgia, he is facing some very serious penalties. If you need help navigating your case, please contact us today. We can help you now.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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