Elements of an Aggravated Arson Charge
The chief distinction between an ordinary arson charge and an aggravated arson charge is the nature of the place or thing burned. Typical arson charges in involve the destruction of or damage to property by means of fire or explosives. While many Utah crimes can be enhanced to an “aggravated” offense based on the use of a weapon or on the severity of injuries inflicted, an aggravated arson charge achieves this enhancement based on the threat to human safety that is posed by the act of arson.
An arson charge becomes “aggravated” under Utah law if the property involved is a home (house, apartment, condominium, etc.) or any other structure or vehicle where a person is present. The statutory language states that an aggravated arson is committed “if by means of fire or explosives” a person “intentionally and unlawfully damages: (a) a habitable structure; or (b) any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.”
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Consequences of an Aggravated Arson Conviction
While the maximum potential punishment for an aggravated arson charge in Utah is life in prison, simply being charged with aggravated arson does not mean that your life is over. You have multiple options for defending a criminal case in Utah. An experienced criminal defense attorney can work with you to determine the best strategy for defending your case.
In some situations, the best strategy is to take the case to trial. Other cases will benefit from a negotiated resolution. Negotiated resolutions to a charge for aggravated arson could include a reduction in the level of the charge or sentencing recommendations that involve probation or reduced sentences. Final sentencing decisions are made by the judge, but having an experienced criminal lawyer on your side can substantially improve your chances of success.
Finding a Criminal Attorney in Utah
A criminal conviction for aggravated arson can result in a life prison term. Stephen Howard has successfully defended some of the most serious criminal charges on the books in Utah, including homicide, arson, robbery, kidnapping, and many more. If you are facing criminal prosecution for aggravated arson or other crimes, you need a Utah criminal defense attorney with real experience, and a record of achieving real results.
The best attorneys understand your case involves more than just what happens in court.
Contact us today to arrange for an initial consultation.
