Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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?

Criminal Arson Defense LawyerThe 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?

Defense Attorney for Utah Criminal ChargesFor 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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.