Any of the three degrees of arson crime in Idaho is a felony. Third Degree Arson is the least extreme degree of this crime, but it carries a potentially long prison sentence and an extreme fine if convicted. So, it can be a disastrous blow to your life if you are convicted of Third Degree Arson in Idaho. You will need to obtain an experienced Boise ID criminal defense attorney to protect all your rights throughout the criminal trial process and work to keep you out of prison.
If you have been arrested for arson, Sawtooth Defense Lawyers offers the best arson defense in Idaho. You can call for a free legal consultation or schedule an appointment online to see how we may be able to help you avoid prison time.
What is Arson?
In general terms, arson is the willful destruction of property by starting a fire or explosion. The property may be “personal property” or “real property.” See both types of property defined in the section below. In Idaho, arson crimes are more specifically defined in one of several ways, based on which of the three degrees of property damage is left by the fire or explosion caused by the perpetrator.
What is 3rd Degree Arson?
Per Idaho Code Section 18-804, 3rd Degree Arson is defined as intentionally and illegally destroying a person’s personal property by burning it or exploding it. The property destroyed may be any form of personal property (tangible items), or real property (land which may be developed or undeveloped).
3rd Degree Arson Punishment
Even for a conviction of Third Degree Arson jail time is not uncommon. The punishment for conviction of Arson in the Third Degree in the state of Idaho is a maximum of a 10-year prison sentence, a maximum of a $50,000 fine, or both.
Other Degrees of Arson Charges
More extreme arson charges are defined differently and penalized accordingly:
Second Degree Arson: Second Degree arson, per Idaho Code 18-803, is deliberately damaging a structure in some way or by some approach or intent that is not defined under Idaho law as First Degree Arson. For example, the accused may not have any reason to believe the building was routinely occupied.
Punishments for Second Degree Arson: Maximum 15 years in prison and $75,000 fine, or both.
First Degree Arson: Idaho 18-802 defines First Degree Arson as deliberately burning or exploding some form of housing, store, hospital, workplace, or other building that people frequently occupy. Additional criteria for classifying a crime as First Degree Arson apply.
Punishments for First Degree Arson: Maximum 25 years in prison and $100,000 fine, or both.
Aggravated Arson: Under 18-805, arson that directly or indirectly causes extreme physical harm to someone, whether intentional or not, can enhance the sentence on conviction up to aggravated arson.
Punishment for Aggravated Arson: Can add 10 additional years to the prison sentence.
Third Degree Arson Defense – Sawtooth Lawyers, Idaho
If you are facing a 3rd Degree Arson charge, you will need Boise Idaho’s best arson defense lawyer. Sawtooth attorneys have extensive experience in defending people against 3rd Degree Arson charges. We can sometimes have charges reduced substantially or even dropped completely.