When someone sets a fire or causes an explosion, either intentionally or recklessly, he or she can be charged with arson. In New York City, arson crimes are usually investigated by fire marshals within the Bureau of Fire Investigations.

Understanding New York’s Arson Laws

According to New York law, arson is defined as intentionally setting a fire or causing an explosion to damage property. There are multiple levels of arson, each with different penalties. New York state law recognizes five degrees of arson charges:

Arson in the Fifth Degree

This type of arson is a Class A misdemeanor offense. It applies when someone intentionally damages another person’s property without the consent of the owner by starting a fire or causing an explosion. If convicted, individuals may face up to one year of incarceration.

Arson in the Fourth Degree

Like all other degrees of this crime aside from fifth-degree arson, Arson in the fourth degree is a felony offense. It’s a Class E felony that involves the reckless damage of a car or building via fire or explosion. If convicted, individuals may face multiple years in jail.

Arson in the Third Degree

This type of arson, a Class C felony, occurs when someone willfully uses explosives or fire to damage a car or building. With this charge, the person must have had an intent to do damage and start the fire. The law requires a mandatory jail sentence if an individual is convicted of this offense. The sentence can vary in length with a maximum of up to fifteen years.

Arson in the Second Degree

Considered a Class B violent felony, arson in the second degree occurs when someone intentionally sets a fire in a car or building while another person is inside. In these cases, the individual knew there was a possibility that this person (or people) was present. The consequences of a conviction typically include a longer prison sentence of up to 25 years behind bars.

Arson in the First Degree

First-degree arson is a Class A-1 felony, the most severe arson charge. This applies when:

• The individual intentionally set off an explosion or fire in a building or vehicle, and
• Either the fire caused serious injury to another or
• The fire was caused with the hope of some financial gain and
• Another person is present in the building or vehicle and
• The individual who set the fire or caused the explosion knew or reasonably should have known that there was someone inside the vehicle or building.

As the most severe arson charge, a conviction carries heavy consequences. It carries a minimum penalty of 15 years to life in prison and a maximum penalty of up to 25 years to life in prison.

Federal Arson Laws

Federal law takes an equally punitive approach to arson crimes. 18 U.S.C. Section 844(i) declares arson or attempted arson a federal crime if interstate or foreign commerce is impacted. In instances where only property is destroyed (or nearly destroyed), a conviction can result in a five to 20-year prison sentence. If an act of arson kills someone else, the accused could face the death penalty.

How a Criminal Defense Attorney Can Help

Criminal laws surrounding arson are complex, and the consequences of a conviction are severe. In these cases, an arson lawyer in NYC plays a crucial role. They guide their clients through every stage of the process. They will:

• Thoroughly investigate the circumstances surrounding the alleged arson
• Carefully examine all evidence against their client, such as witness statements, forensic reports, and other relevant information
• Explore possible defenses to arson charges, such as a lack of intent to cause harm or that the fire or explosion was accidental
• Offer guidance through the legal process to ensure the client understands their rights and potential consequences
• Represent the defendant in court, presenting a compelling defense strategy and advocating for the best possible outcome, which, in some cases, may involve a plea bargain or aggressive litigation

A NYC arson defense attorney is the client’s advocate through every step of the legal process. They are there to ensure the client understands the situation and advocate for the client’s rights.

Possible Defenses to Arson Charges

Any individual charged with arson at either the state or federal level in New York should hire an experienced criminal defense attorney the moment they are arrested or learn they are being investigated. There are several possible defenses to arson charges, including:

• The defendant destroyed their own property
• They did not own the property but had the owner’s permission to destroy it
• There was no financial interest in the destruction
• The fire or explosion was caused accidentally
• Lack of evidence that a fire was incendiary

With one’s freedom at risk, it makes sense to hire the best criminal defense lawyer to defend an arson charge. They will work to protect their client’s rights and future.

Contact the Experienced NYC Criminal Defense Lawyers at The Law Offices of Julie Rendelman

If you’re facing arson charges, it’s important to seek legal guidance from an experienced NYC arson defense lawyer. The legal system is complex, and given the repercussions of a conviction, having a skilled lawyer to help you navigate your case is crucial. That’s where our team at The Law Offices of Julie Rendelman comes in.

We’re here to help. Call us today at (212) 951-1232 or complete our online contact form to start with a free consultation.

Frequently Asked Questions

Should I Hire a Lawyer for My Arson Case?

An arson conviction carries serious consequences, including lengthy prison sentences, so it’s a good idea to hire a lawyer. Your NYC arson lawyer will help you understand the legal process and the potential consequences of a conviction. They’ll guide you through every step, advocating for your rights to help you pursue the best possible outcome.

When Should I Contact a Lawyer About My Arson Case?

If you’re facing arson charges, contact a skilled arson defense lawyer in NYC immediately. Your lawyer will help you determine the next steps based on the specifics of the situation, so it’s important to contact them sooner rather than later.

Is Arson a Felony?

In New York, all but arson in the fifth degree are considered felonies. Class A-1 felonies, which apply to arson in the first degree, carry the most severe sentence of 15-25 years to life in prison.