Virginia Felony Class 2 3 4 Plea Lawyers Arson Burning Dwelling House

Have you been charged with a Class 2, 3, or 4 felony offense in Virginia and contemplating taking a plea and need a lawyer to defend you?

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Peterson v. Commonwealth

Facts:

Defendant and two sub-tenants, a woman and her nine-year-old daughter, lived in the house that defendant burned.  At the time of the fire, the woman and her daughter had gone out to rent a movie.  After starting the fire, defendant also left. Defendant argued that he was guilty of a Class 3 felony, rather than a Class 2 felony, because the dwelling was unoccupied when he set fire to it.  The trial court considered defendant’s plea at his sentencing hearing and rejected it.  Defendant challenged his conviction for arson of an occupied dwelling, a Class 2 felony, under Va. Code Ann. § 18.2-77 entered by the Circuit Court of Fairfax (Virginia).

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Virginia Felony Class 2 3 4 Plea Lawyers Arson Burning Dwelling House

Virginia Felony Class 2 3 4 Plea Lawyers Arson Burning Dwelling House

Holdings:

The Virginia Court made the following holding:
  • Burning a building that is not usually occupied by persons lodging therein at night, is a Class 3 felony, if it is done at a time when any person is therein, but only a Class 4 felony if it is done when no person is in such building. Va. Code Ann. § 18.2-79. Similarly, burning any other building or structure at a time when no person is in such building is a Class 4 felony, instead of a Class 3 felony, if otherwise. Va. Code Ann. § 18.2-80. The phrase “temporarily unoccupied” that is used in Va. Code Ann. § 18.2-77 has a different meaning.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.