Yes, in the state of Utah, an arson charge means that you used fire or explosives with the intent of damaging someone else’s property. However, if you start a fire, and your goal wasn’t to cause damage, you may be charged with other fire-related crimes that don’t require intent.
A good lawyer will review your case and help determine the right defense for you.
In the state of Utah, there are four levels of what the lay person might call “intent.”
They are intentionally, knowingly, recklessly, and criminal negligence.
Intentionally is when the action is done with the objective of causing the result. In the case of arson, you willfully started the fire with the intent to destroy someone else’s property.
While knowing, reckless, and criminal negligence are also culpable states of mind under Utah code. Under a charge of arson, the standard is intent. Meaning, a knowing, reckless, or negligent mental state is not enough to be convicted of Arson. This distinction can make the difference between an arson charge or another offense that may come with less-severe penalties.
In Utah, a fire is considered arson if you intentionally started it in an effort to damage the property of someone else. If you only wanted to damage your own property, that isn’t considered arson unless you did so with the intent of defrauding an insurer.
Arson is a serious offense in Utah, and the charges you may face depend on the amount of damage you caused:
If the court has overwhelming evidence against you, and you know you’re guilty of arson, a good lawyer can help you make a deal with prosecutors to ensure that the penalties are mitigated. In some cases, you may be able to serve little or no time behind bars.
An arson charge becomes aggravated arson in one of two scenarios. The first is that you are burning a habitable structure. This is defined by Utah law as any structure that has the purpose of holding people. So this could be a house, but it could also be a grocery store, a bank, a stadium, etc. Even if the place is empty, you can still be charged with aggravated arson.
The mental state of intent applies to aggravated arson as well.
The other scenario is when you burn a structure or vehicle where another person is inside. This could be a habitable structure or it could be something else, such as a grain silo, storage container, or car.
Aggravated arson is a first-degree felony. With this charge, your prison time can be five years to life, and you may have to pay up to $10,000 in fines. Unlike arson, aggravated arson isn’t dependent on the amount of damage you caused. You can burn less than $500 worth of property, and it would still be a first-degree felony.
Simply put, a fire is not considered arson if there was no intent behind it. However, there are at least two other crimes you still may be charged with, depending on the situation:
The key word to these crimes is “recklessly.” By Utah’s standards, this means that the actor consciously disregards a substantial and unjustifiable risk that the result would occur.
Recklessly is one of two possible standards under what the lay person may call “unintentional” crimes. The other one is criminal negligence. This is where you weren’t aware of the risk, but you should have been.
If police find no evidence that you intended to cause damage with a fire, prosecutors may charge you with reckless burning. However, one possible avenue your lawyer can take is proving to the court that you weren’t aware of the risks that your actions would cause. If this argument convinces either the judge or a jury, then your case may be dropped or acquitted.
If you’re charged with arson or aggravated arson, the burden of proof is on the prosecutors to show the court that you actually intended to cause the damage that you did. A few ways the prosecution can prove this:
If prosecutors find any evidence that shows that you intended to start the fire to damage someone else’s property or defraud an insurer, that can be used against you in court. For example, maybe you told a friend about your plan in a text message, and your friend corroborated that fact when interviewed.
Fortunately, all of the evidence that prosecutors collect is available to the defendant in discovery. An experienced attorney will review your case and determine whether they think the prosecutor can prove their case beyond a reasonable doubt.
It’s important to note that this isn’t always the case. It may be that because the evidence is so overwhelming, your attorney may advise you to enter a guilty plea. Your attorney will be able to determine if that’s the case and help you come to the best decision.
The best lawyers are the ones who have a lot of experience defending people like you, who are accused of committing crimes like arson. These attorneys will have learned all they need to know, so they can competently defend you in a court of law.
At Brown, Bradshaw & Moffat, you’ll find that with all of our lawyers. Each one has been practicing criminal defense for years, and they would be happy to help you out.
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