Georgia Arson in the Third Degree Lawyers

Traditionally, arson is the criminal act of burning or charring a structure. An example of a structure is a home, an office building, a boat, or a car. However, Georgia also includes personal property worth over $25, such as a laptop or a rare book, in its types of properties that can be damaged by arson. The state has three degrees of arson based on the type of property damaged by the criminal act.

Is it Arson to Burn Down Your Own Building or Property?

Arson is defined as the willful and malicious burning of property or charring of a structure. Historically, an act of arson was only considered arson if it was committed against a house or another’s residence.

Arson laws, however, now cover other types of property as well.

The following are included:

• Commercial property;
• Forest land;
• Vehicles;
• Boats; and
• Personal property, with some states clarifying that the property must be worth over $25, such as laptops, rare books, etc.

Due to the potential for serious injury or even death, most arson statutes classify arson as a felony offense. A felony is a crime that is considered to be more serious in nature and is generally punishable by more than one year of imprisonment in a federal facility. Arson laws exist in every state, although there are some differences in how they punish or categorize arson.

Arson generally involves the following elements:

• Intent: The crime may only be classified as arson if the person intentionally burned property belonging to another person without that person’s permission and consent. An individual may not be convicted of arson if they accidentally set something on fire;
• Recklessness: Georgia considers it a crime to be arson if the person also damaged property belonging to another person as a result of being reckless. Furthermore, the arsonist must have known their actions were dangerous and could result in dangerous consequences; and
• Property Damage: In order for the crime to be considered arson, the property that was burned must have actually been damaged as a result of the action. For the defendant to be found guilty of arson, there must have been charring or destruction of the property. Arson cannot be committed if no damage is caused by the defendant’s actions.

Regardless of whether a person intentionally sets fire to and burns down their home or building for insurance fraud or for any other reason, they will still be found guilty of arson. Arson laws previously only applied to setting fire to another person’s house. Today, many types of arson laws are in place to prevent people from intentionally and fraudulently starting fires.

What Are the Different Degrees of Arson?

Many states have different degrees for the crime of arson, as previously mentioned. The degree of arson varies from state to state and is often based on different factors. When determining different degrees of arson,

Georgia takes into account the following factors:

• The type of building burned. Burning a house, school, or church is typically considered a more serious type of arson than burning an abandoned building;
• The value of the building burned;
• The proximity of other people to the structure that was burned. Burning a building in an area where people are more likely to be injured is considered worse than burning a building in a deserted area.
• Whether the arsonist paid or accepted payment for the burning of the building.

Georgia classifies their degrees of arson as such:

• First Degree: The arsonist set fire to an occupied home or building;
• Second Degree: The arsonist set fire to an empty or abandoned structure; or
• Third Degree: The arsonist set fire to an abandoned area of space, such as a vacant lot or field.

What Is Arson in the First Degree in Georgia?

Arson in the first degree occurs when someone knowingly damages another person’s property that is intended to be a dwelling or reasonably believed to be occupied at the time of the arson. A first-degree arson conviction carries a penalty of one to twenty years in prison or a fine of $50,000.

What Is Arson in the Second Degree in Georgia?

Second-degree arson involves setting fire to a non-residential structure that belongs to someone else or that someone else has a security interest in. As an accomplice, a person can also be charged with second-degree arson. One to ten years in prison or a $25,000 fine are the penalties for arson in the second degree.

What Is Arson in the Third Degree in Georgia?

It is a crime to knowingly damage or destroy personal property with explosives or fire without the owner’s consent. Property must be valued at $25 or more and must meet the following requirements:

• Belong to another person,
• Be an item in which another has a security interest,
• Be insured against damage or loss by fire or explosives, or
• Be damaged with the intent to prejudice, defraud, or defeat the rights of a spouse or a co-owner.

Can a Person Be Guilty of Third Degree Arson if They Are Only an Accomplice?

Yes. Anyone who knowingly aids, procures, causes, hires, abets, counsels, or encourages another person to commit arson in the third degree is also guilty of this crime under Georgia law.

What Are the Consequences of Arson?

In general, more severe punishments and penalties will be imposed for higher degrees of arson. Also, punishments and penalties will be determined by the amount of damage caused to the property and any injuries or deaths resulting from the arson.

There are several possible outcomes of arson, depending on the degree of arson and where it was committed:

• A Felony Charge: Felony crimes are generally punished by prison time of over one year, to be served in a federal facility as opposed to a state or county jail. Additionally, felonies may be punished with fines and penalties, as well as restitution;
• A Misdemeanor Charge: If the arson was not considered especially dangerous or reckless, with a lower level of harm caused, it might be treated as a misdemeanor as opposed to a felony. Misdemeanor crimes can result in jail time and fines imposed by the court;
• A Civil Lawsuit: The arson victim may be entitled to sue the arsonist in civil court. The arsonist may be ordered to pay monetary damages for the victim’s injuries and medical expenses; or
• Other Consequences: If other crimes were involved in the arson, those crimes might be punished individually according to Georgia state law. An arsonist could face homicide charges if anyone were killed directly due to the arson. Probation is another potential consequence of arson.

What Is the Punishment for Third Degree Arson in Georgia?

The punishment for arson in the third degree can range from one to five years in prison. In addition to or instead of imprisonment, a person may be required to pay a fine of $10,000.

Do I Need a Lawyer?

A lawyer is necessary whenever you face an arson charge, regardless of the degree of the charge. Contact a Georgia criminal lawyer as soon as possible to learn how to fight your criminal charge.