Attorney for arson crimes in New York

Arson is a serious criminal offense in New York State, governed by Article 150 of the New York Penal Law. The law categorizes arson into five degrees, ranging from a misdemeanor to a Class A-I felony, depending on factors such as intent, risk to human life, and the use of incendiary devices.

🔥 Degrees of Arson in New York

Fifth Degree Arson (NY Penal Law § 150.01)

• Definition: Intentionally damaging another person’s property without consent by starting a fire or causing an explosion.
• Classification: Class A misdemeanor.
• Penalties: Up to 1 year in jail, possible probation up to 3 years, fines, and restitution.

Fourth Degree Arson (NY Penal Law § 150.05)

• Definition: Recklessly damaging a building or motor vehicle by intentionally starting a fire or causing an explosion.
• Classification: Class E felony.
• Penalties: Up to 4 years in prison or 5 years of probation, along with potential fines and restitution.

Third Degree Arson (NY Penal Law § 150.10)

• Definition: Intentionally damaging a building or motor vehicle by starting a fire or causing an explosion.
• Classification: Class C felony.
• Penalties: 1 to 15 years in prison, with possible fines and restitution.

Second Degree Arson (NY Penal Law § 150.15)

• Definition: Intentionally damaging a building or motor vehicle by starting a fire, knowing that another person who is not a participant in the crime is present or that their presence is a reasonable possibility.
• Classification: Class B violent felony.
• Penalties: 5 to 25 years in prison.

First Degree Arson (NY Penal Law § 150.20)

• Definition: Intentionally damaging a building or motor vehicle by causing an explosion or fire using an incendiary device or explosive, resulting in serious physical injury to another person, or with the expectation of financial gain, and knowing that a non-participant is present or that their presence is a reasonable possibility.
• Classification: Class A-I felony.
• Penalties: 15 to 25 years to life in prison.

⚖️ Legal Considerations and Defenses

Defenses against arson charges may include:

• Lack of Intent: Arguing that the fire was accidental and not intentional.
• Ownership and Consent: Demonstrating that the defendant had a proprietary interest in the property and that any damage was for a lawful purpose.
• Absence of Risk: Showing that no other person was endangered by the act.

It’s important to note that arson charges can escalate based on the presence of individuals in the property, the use of accelerants or explosives, and the intent behind the act, such as financial gain.

Conclusion

Arson is treated with utmost seriousness in New York State, with penalties reflecting the potential harm to life and property. Understanding the degrees of arson and their corresponding legal ramifications is crucial for both legal professionals and the general public. If facing arson charges, it’s imperative to seek legal counsel to navigate the complexities of the law and mount an effective defense.

Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. His success in defending against arson charges is second to none in New York. He successfully defended a contractor in a huge arson case in Queens, resulting in all charges being dismissed. He negotiated for another client to participate in a drug rehabilitation program without prison after he was accused of attempting to set fire to a church. He earned a no-jail sentence for a man arrested and accused of burning down a brownstone in Brooklyn by lighting a Christmas tree on fire. He also negotiated a one-year jail sentence for a man who attempted to burn down his Manhattan restaurant, after prosecutors first sought seven years. In short, if you or a loved one have been arrested or accused of arson, you should strongly consider engaging Mr. Galluzzo.