Arson
In New York State, arson is defined as the act of intentionally or recklessly causing damage to property by starting a fire or causing an explosion. The severity of the offense is categorized into five degrees under Article 150 of the New York Penal Law, with penalties ranging from misdemeanors to serious felonies.
Arson in the Fifth Degree (Class A Misdemeanor): Charged when a person intentionally damages another person's property without consent by starting a fire or causing an explosion. This is the least severe arson charge.
Arson in the Fourth Degree (Class E Felony): Charged when a person recklessly damaging a building or motor vehicle by intentionally starting a fire or causing an explosion. The key element here is recklessness rather than intent.
Arson in the Third Degree (Class C Felony): Charged when a person intentionally damages a building or motor vehicle by starting a fire or causing an explosion. This charge requires proof of intent to damage, as well as actual damage to the building or motor vehicle.
Arson in the Second Degree (Class B Felony): Charged when a person intentionally sets fire to a building or motor vehicle knowing that another person, who is not a participant in the crime, is present or when it's reasonably foreseeable that someone could be present.
In New York City especially, arson charges are considered by many in law enforcement as a priority case due to the dense nature in which the population lives and the potentially catastrophic consequences fires can cause to many residents living in close proximities. If charged with arson, it is particularly crucial to have an experienced defense attorney by your side to navigate complex investigation reports that will likely be the crux of the prosecutions case, as well as any forensic or digital evidence they may have.
Minimum and maximum sentences vary greatly based on the class of criminal conviction, prior criminal history, and any aggravating or mitigating factors determined by the Court. Depending on the circumstances of each case, sentences can include fines, post-release supervision, or incarceration. Sometimes the Court has discretion on sentencing, and other times the Court must abide by mandatory minimums. For general guidelines on types of sentencing, sentencing ranges, and classifications of crimes click here.