Criminal Arson Defense in Utah
Arson charges in Utah can carry serious penalties including years in
prison and thousands of dollars in fines. If you are facing criminal
prosecution for
arson,
the right
criminal defense
team can make all the difference.
Contact
us today to see how we can help you.
Arson Charges and Penalties in Utah
What distinguishes ordinary arson from aggravated arson in
Utah?

The
Utah Code sections governing arson crimes are found in sections
76-6-102 and 76-6-103. The key difference between ordinary arson and
aggravated
arson involves what is burned. Specifically, an arson offense
becomes aggravated arson if the burning involves a "habitable
structure" or any other structure or vehicle when some person (other
than the defendant) is in the structure or vehicle.
The enhanced offense of aggravated arson is based on the concern for
human safety. A habitable structure (such as an apartment, house, etc.)
is more likely to have a person inside. Burning such a structure
therefore creates a greater risk of harm to other people. For similar
reasons, burning any other structure or vehicle when another person is
actually present is subject to the same aggravated enhancement.
What are the penalties for aggravated arson?
Aggravated arson is classified as a first degree felony under the Utah
criminal code. As a first degree felony, it is punishable by a prison
term of no less than five years and which may be as long as life. A
prison sentence is not mandatory under Utah's sentencing rules, but can
be suspended by the court. If probation is granted, the court may still
impose up to a year in jail as a condition of probation.
What is the level of offense for an non-aggravated arson?

For
a non-aggravated arson charge, the level of offense will be determined
by the value of the property destroyed or the cost of repairing damaged
property. For example, property damage valued at over $5,000 can result
in a second degree felony charge and up to 15 years in prison. On the
other hand, damages of only a few hundred dollars are likely to result
in a misdemeanor charge.
What about accidental burning?
Utah's arson statutes require proof that the burning or destruction of
property was intentional. There are other statutes that can criminalize
accidental fires, recklessness, and other conduct that does not involve
intentional destruction or damage to property.
Can an arson charge be filed if I burn my own property?
Most Utah arson cases will involve allegations that a person
intentionally destroyed or damaged property of another person using
fire or explosives. But arson charges can also be filed when a person
burns their own property if the burning is done for purposes of
defrauding an insurance company or filing a fraudulent claim.
What should I do if I am charged with arson in Utah?
The Fifth Amendment gives you the right to remain silent. If you are
contacted by police or investigators in connection with an arson
investigation, consultation with an experienced criminal defense
attorney is highly advised before talking with police or investigators.
it is important to avoid making statements that could be used against
you, especially if you are innocent. Regardless of guilt or innocence,
the right criminal defense team can help make sure that your rights are
protected.
Finding the Right Attorney
Whether filed as a
felony
or a
misdemeanor,
an arson charge in Utah can carry serious
consequences. Any
criminal conviction is serious. Arson charges carry particularly strong
risks. The potential for loss of life or serious damage to property or
loss of life can lead Utah prosecutors to pursue this type of case with
greater rigor. Having the right
criminal
defense attorney on your side can be critical. Contact us now
and see how we can help.