Arson is a serious criminal offense involving the willful and malicious burning of property. This crime can lead to devastating consequences, including severe property damage, personal injury, and even loss of life. In New York, arson charges are taken very seriously and can result in long-term imprisonment and hefty fines. If you are facing arson charges, it is essential to have a skilled and experienced criminal defense attorney on your side.
Michael A. Arbeit, P.C. is a leading criminal defense practice representing clients throughout Long Island and New York City. When you meet with us, we will help you understand the charges and your legal options. Although prosecutors aggressively pursue convictions for serious crimes such as arson, we will work strategically to achieve the best possible outcome. Contact our office today to consult with an experienced arson defense attorney in Long Island.
Understanding Arson Crimes
Arson crimes can vary in severity based on several factors, including:
- Degree of Arson: Ranges from first degree (most severe) to fifth degree.
- Intent: The specific intent to damage property or harm individuals.
- Type of Property: Whether the property is residential, commercial, or unoccupied.
- Presence of People: If the arson endangered human life.
- Use of Accelerants: Use of flammable substances to start or spread the fire.
Understanding the specifics of the charges you are facing is crucial for mounting an effective defense.
Defenses Against Arson Crimes Our Firm Can Raise
- Lack of Intent: Demonstrating that there was no intention to commit arson.
- Accidental Fire: Proving that the fire was accidental and not deliberately set.
- Insufficient Evidence: Challenging the evidence presented by the prosecution.
- Mistaken Identity: Establishing that you were not the person responsible for the fire.
- Violation of Rights: Arguing that your rights were violated during the investigation or arrest process.
Our legal team will thoroughly investigate your case to identify the best defense strategy tailored to your circumstances.
Why Choose Michael A. Arbeit, P.C.
- Extensive Experience: Proven track record of defending clients against serious criminal charges, including arson.
- Personalized Attention: Each client receives individualized attention and a defense strategy tailored to their unique case.
- Dedicated Representation: Committed to fighting for your rights and achieving the best possible outcome.
- Local Expertise: Deep understanding of the legal system in Long Island and New York City.
Contact Our Long Island & New York Criminal Defense Attorney for Immediate Assistance
If you are facing arson charges, time is of the essence. Contact our office to schedule a consultation and discuss your case with an experienced criminal defense attorney. We are dedicated to providing the legal support and guidance you need to protect your rights and secure a favorable outcome.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
S 150.00 Arson; definitions.
As used in this article, 1. “Building”, in addition to its ordinary
meaning, includes any structure, vehicle or watercraft used for
overnight lodging of persons, or used by persons for carrying on
business therein. Where a building consists of two or more units
separately secured or occupied, each unit shall not be deemed a separate
building.
2. “Motor vehicle”, includes every vehicle operated or driven upon a
public highway which is propelled by any power other than muscular
power, except (a) electrically-driven invalid chairs being operated or
driven by an invalid, (b) vehicles which run only upon rails or tracks,
and (c) snowmobiles as defined in article forty-seven of the vehicle and
traffic law.
S 150.01 Arson in the fifth degree.
A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
Arson in the fifth degree is a class A misdemeanor.
S 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
S 150.10 Arson in the third degree.
1. A person is guilty of arson in the third degree when he
intentionally damages a building or motor vehicle by starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that (a) no person other than the defendant had a possessory or
proprietary interest in the building or motor vehicle, or if other
persons had such interests, all of them consented to the defendant`s
conduct, and (b) the defendant`s sole intent was to destroy or damage
the building or motor vehicle for a lawful and proper purpose, and (c)
the defendant had no reasonable ground to believe that his conduct might
endanger the life or safety of another person or damage another building
or motor vehicle.
Arson in the third degree is a class C felony.
S 150.15 Arson in the second degree.
A person is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) the defendant knows that
fact or the circumstances are such as to render the presence of such a
person therein a reasonable possibility.
Arson in the second degree is a class B felony.
S 150.20 Arson in the first degree.
1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
2. As used in this section, “incendiary device” means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
Arson in the first degree is a class A-I felony.