A: First-degree arson is a class A-I felony and the most serious charge for arson. It involves a person setting a fire or causing an explosion to an occupied home or motor vehicle. The maximum sentence for first-degree arson in New York State is 25 years to life in prison, and the minimum sentence is 15-40 years..
NYC Arson Lawyer
NYC Arson Attorney
Koch Law, PLLC is
located in the heart of Midtown
in New York City
Arson is a serious property crime in New York City (NYC) and can be met with hefty consequences. Dealing with an arson charge can be devastating and life-changing, so having an experienced NYC arson lawyer by your side can be essential. Your lawyer can help build a defense if you are found guilty and may also be able to provide assistance if you are wrongfully accused.
What Is Arson?
Arson is when someone willfully or maliciously burns or attempts to burn a home, public building, motor vehicle, aircraft, personal property of another, or other property. The perpetrator does not have to intend to defraud anyone for there to be an arson charge or conviction.
How Is Arson Classified in NYC?
A person can commit arson in the first, second, third, fourth, or fifth degree. A detailed explanation of each arson classification is listed below:
- First-degree arson: Arson in the first degree is a class A-I felony and is when a person intentionally causes damage to an inhabited building or motor vehicle by a fire or explosive device, causes physical harm to a victim, or expects to receive an award.
- Second-degree arson: Arson in the second degree is a class B felony that occurs when a person intentionally causes damage to a building or motor vehicle by starting a fire, and the perpetrator knows that a person is present at the time.
- Third-degree arson: Arson in the third degree is a class C felony and occurs when a person intentionally causes damage to a building or motor vehicle by fire or explosion without the intent of harming another person. In this case, a person may only intend to damage the building or vehicle for a lawful purpose.
- Fourth-degree arson: Arson in the fourth degree is a class E felony that occurs when a person recklessly causes damage to a building or motor vehicle by fire or explosion without consent.
- Fifth-degree arson: Arson in the fifth degree is a class A misdemeanor that occurs when a person intentionally causes damage to another person’s property by fire or explosion and without that person’s consent.
What Are the Penalties for Arson in NYC?
The penalties for arson in NYC can be serious, as most of the charges are felonies. The shortest sentence is up to one year in jail for the class A misdemeanor, and the longest sentence is up to life in prison for the Class A-I felony. The other sentences can be between 4 and 25 years. It is important to note that the judge will ultimately determine how long a person is sentenced to jail.
What Is a Defense for Arson in NYC?
For arson to be considered a crime, the perpetrator must have had the intent to cause damage to the property. If you are charged with arson, and you can prove that you did not intend to cause damage or you did not intentionally cause the fire, you may have a solid defense.
Another defense that may apply to your case is that you started the fire or explosion by mistake. If you accidentally started a fire by deploying fireworks or starting a campfire, for instance, you may have a defense.
For third-degree arson, if you can prove you are the sole owner of the building or motor vehicle, that you committed the arson for a lawful purpose, or that you had no reason to believe your actions would harm another person or cause other damage, you may have a solid defense.
When Should I Contact a Lawyer?
If you are arrested for arson in NYC, you should contact a lawyer immediately. Your lawyer can inform you of your rights, including the right to remain silent. If you are charged, your lawyer can walk you through the legal process, protect your rights, and defend you in court if necessary. If you are convicted, your NYC criminal defense lawyer may be able to negotiate your sentencing and reduce any fines that you are required to pay.
FAQs:
Q: What Must a Prosecutor Prove in an Arson Case?
A: A prosecutor must prove that the person had the intent to cause damage and that they intended to cause the fire or the explosion. If it is arson in the fourth degree, the prosecutor must prove that the perpetrator was reckless. For arson in the third degree, a perpetrator may have a defense if they can prove they were the sole owner of the building or motor vehicle, among other factors.
Q: What Is the Shortest Sentence for Arson?
A: The sentence for arson depends on the judge, the strength of the accused’s defense, and the skill of the criminal defense lawyer working on the case. However, the lowest level charge for arson is fifth-degree arson, which is a class A misdemeanor. The maximum sentence for a class A misdemeanor is up to 1 year in prison.
Q: What Is the Lowest Level of Arson?
A: The lowest level of arson is arson in the fifth degree. Arson in the fifth degree is a class A misdemeanor. Arson in the fifth degree is when a person starts a fire or an explosion that causes damage to a building or a motor vehicle without the person’s consent.
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Having an arson charge on your record is serious and can be met with hefty consequences, depending on the details of the crime. Because the burden of proof is on the defendant in most cases, it is wise to have a tough and experienced lawyer on your side to defend your case. At Koch Law, we work tirelessly to protect our clients’ rights, so they can live freely or have reduced sentences. You do not have to fight an arson charge alone. Contact us today for a consultation.
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