Brooks Nickles, a 21 year old man, was arrested after being accused of starting several different fires in a mobile home park in Forsyth County.
So far the investigation has not revealed any connection between the man and the mobile park.
Nickles has been arrested on charges of first degree arson, and as a Georgia Criminal Defense Lawyer, I will outline the law behind that criminal offense in today's post.
First Degree Arson in Georgia
Georgia Law separates the offense of arson into three separate degrees. First Degree Arson in Georgia is defined 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.
A first degree arson conviction is a felony conviction, and the penalty can include up to twenty years in prison and a fine up to $50,000.
Practice Note
In order to be convicted or found guilty of first degree arson, an individual must (1) knowingly cause the damage by (2) fire or explosive. An accusation of arson should not be taken lightly, and proper representation should be hired.
If you or a loved one is facing a serious criminal charge, contact our offices today. No one should have to face the significant life consequences that an arrest and a possible conviction holds alone. A Georgia Criminal Defense Attorney can defend you today. Contact us for a case evaluation.
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