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What are Criminal Charges for Arson in New York?

  • October 20, 2013

When arrested for arson, you face possible misdemeanor or felony charges. It is wise to involve a New York City arson attorney as early in the case as possible.

The five degrees of arson under NY Penal Law, Article 150 include:

  • Fifth-degree arson (class A misdemeanor). Charges occur when an individual intentionally damages property without the owner’s consent by purposefully starting a fire or causing an explosion.
  • Fourth-degree (class E felony). Charged when an individual recklessly damages a building or motor vehicle by intentionally starting a fire.
  • Third-degree (class C felony). Charged when an individual intentionally damages a building or motor vehicle by staring a fire or causing an explosion.
  • Second-degree (class B felony). Charged based on these conditions:
    • When an individual intentionally damages a building or motor vehicle by causing a fire
    • Whenever another person who is not a participant in the crime is present in the vehicle or building
    • The defendant knows that based on the circumstances it is reasonable to assume someone else would be present
    • First-degree arson (class A-1 felony). Charged when an individual intentionally damages a building or motor vehicle and the act involves any of the following:
      • Incendiary device that is propelled, thrown or placed near the building or vehicle
      • Explosive
      • Explosion or fire that causes someone else serious physical injury
      • Explosion or fire caused with the expectation or receipt of financial advantage or pecuniary profit
      • Presence of someone else who was not a participant in the building or vehicle at the time
      • Knowledge that because of circumstances, it was reasonable that someone else would be present

A variety of legal strategies are available for a NYC arson lawyer to use in your defense.

Raiser & Kenniff, PC has experienced attorneys to you help fight against conviction.

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