Each state has varying laws and penalties for each type of crime. If you have been arrested for arson in Georgia, understanding how the offense is penalized is crucial in building an effective defense and preparing for the possible outcome of your case. Securing skilled legal representation should be your top priority after being charged with a criminal offense. Reach out to a knowledgeable Cobb County criminal lawyer today to discuss your situation and secure legal counsel.

What is Arson?

In general, arson is the criminal offense of willfully and maliciously setting fire to a property. Arson can be extremely damaging and destroy both property and human life. The Official Code of Georgia Annotated outlines each degree of arson in Sections 16-7-60 to 16-7-62.

  • First-degree arson: When a person, by means of fire or explosive, knowingly damages or causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any dwelling house of another without his or her consent, any building, vehicle, watercraft, or other structure of another without his or her consent, any dwelling house, building, vehicle, watercraft, or other structure whether it is occupied, unoccupied, or vacant, or any building, vehicle, watercraft, or other structure under circumstances that it is reasonably foreseeable that human life may be endangered.
  • Second-degree arson: When a person, by means of fire or explosive, knowingly damages or causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any dwelling house, building, vehicle, watercraft, or other structure of another without his or her consent
  • Third-degree arson: When a person, by means of fire or explosive, knowingly damages or causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any personal property of another without his or her consent when the value of the property is $25 or more

An individual can also be charged with arson if they knowingly damage or cause, aid, abet, advise, encourage, hire, counsel, or procure another to damage any building, structure, watercraft, etc. by means of fire or explosive during the commission of a felony offense.

How is Arson Penalized in GA?

The penalties for arson in Georgia vary depending on the degree of the offense. Because first-degree arson is the most serious crime, the associated consequences will be the most severe. Consider the following.

  • First-degree: Term of imprisonment of 1 to 20 years and fines up to $50,000
  • Second-degree: Term of imprisonment of 1 to 10 years and fines of up to $25,000
  • Third-degree: Term of imprisonment of 1 to 5 years and fines of up to $10,000

While the above are the standard sentencing guidelines for an arson conviction, the actual penalties you incur can vary depending on the unique circumstances of your situation. The court will consider several factors, including the type of property involved, the damage done, your prior criminal history, whether the crime resulted in injury or death, and more.