If you or a member of your family have been accused of Arson in the State of Idaho you need to contact an experience Idaho Criminal Defense attorney immediately. The penalties and long term ramifications of a felony charge would have devastating effects both in the short term and the long term. At Martens Law Office, P.C. we are experienced in defending individuals accused of property crimes, including arson.
In Idaho Arson is treated as an extremely serious property crime. Arson is always treated as a felony in Idaho. Arson is separated into four felony categories, depending upon the seriousness of the crime. Seriousness takes into account whether the structure burned was occupied, whether the motive involved insurance fraud, whether injuries occurred to a third party, the nature of the property and who the property belonged to. Arson itself is defined as the charring, scorching, or burning of any dwelling, structure, real property, personal property or forest land which results in any damage to the property.
First Degree Arson in Idaho involves the charring, scorching or burning of any structure that is either occupied, normally occupied or a reasonable person should suspect the structure to be occupied. In addition, if the purpose of the arson is to commit insurance fraud, Idaho classifies the crime as first degree arson. First degree arson carries up to twenty five (25) years in the Idaho State Penitentiary a possible one hundred thousand dollar fine ($100,000.00) or both the maximum prison time and maximum fine.
Second Degree Arson involves the charring, scorching or burning of any structure that the arsonist knows to be unoccupied. In Idaho it does not matter whether the property belongs to the arsonist or to a third party. In the case of second degree arson the purpose of the structural fire would not involve insurance fraud. Second degree arson carries up to fifteen (15) years in an Idaho State Correctional Facility, up to a seventy five thousand ($75,000.00) fine or the court could impose both the maximum fin and the maximum prison sentence.
Third Degree Arson involves the charring, scorching or burning of any real, personal or forest property (including BLM or any other public property) that is not a building of any sort. The penalties for third degree arson in Idaho includes up to ten (10) years in the Idaho State Prison and up to a fifty thousand ($50,000.00) fine or the court could impose both the maximum fine and the maximum prison sentence.
Finally, Idaho classifies any arson that results in serious bodily injury or death to a third person as "Aggravated Arson". In the case of aggravated arson the court could impose an additional ten (10) years of prison time to the maximum prison term available for first, second or third degree arson.
As one would expect, if property is damaged or someone is injured or killed as a result of arson, the accused can expect to be sued in a civil case as well.
If you have been accused of Arson or suspect that you are about to be charged with Arson in the State of Idaho, Contact Martens Law Office immediately for a free initial consultation at (208) 344-0994 or (208) 344-0994.