Suspect Arrested After Setting North Georgia House on Fire

According to reports, a man from North Georgia is facing felony charges after being accused of setting a house on fire with two people inside. So far, a motive has not been discovered. However no one was injured from the fire.

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

There are two other degrees of arson: second degree arson in Georgia and third degree arson in Georgia. However, the individual in the story above is only facing charges of first degree arson.

First Degree Arson in Georgia

First degree arson in Georgia is defined by the Georgia Code 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

Allegations of arson are serious. As a firm focused on criminal defense, we are well-experienced with defending cases where too harsh of a crime has been charged or if a crime has been improperly charged completely. If you have been arrested, call us now.