Potential Arsonist Sought by Atlanta Police

Atlanta Police

Atlanta, Ga. – The iconic Krispy Kreme location in Midtown burned down on February 10. Atlanta Police now believe that the destruction was the result of arson.

After further investigation, officers now believe that the fire was set intentionally on the exterior of the building. Photographs of a potential suspect were released from surveillance cameras. Right now, there is a $10,000 reward for information leading to the arrest of the suspect.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of arson in today's post.

Arson in Georgia

The Georgia Code outlines the law behind the criminal offense of arson in O.C.G.A. §16-7-60 through 62. There are three different degrees of arson by law.

First Degree Arson in Georgia is defined by law 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. O.C.G.A. §16-7-60.

The penalty if convicted of first-degree arson can include a fine of no more than $50,000 or by a prison term between one and twenty years, or both.

Second Degree Arson in Georgia is defined by law as:

A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure, when, in the commission of a felony or not, by means of fire or explosive, 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.

The penalty if convicted of second-degree arson can include a fine of no more than $25,000 or by a prison term between one and ten years, or both.

Third Degree Arson in Georgia is defined by law as: A person commits arson in the third degree when, by means of fire or explosive, 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;

Any personal property 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

Any personal property 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.

The penalty if convicted of third-degree arson can include a fine not to exceed $10,000, or by a prison term between one and five years, or both.

Practice Note

Call our offices today if you have been arrested for committing a criminal offense in the state of Georgia. We can help you with your case now.