When someone is charged with arson, it is a very serious situation. The charge of arson involves significant damage to property. It could also have caused people to be hurt or even killed. A person charged with this could be facing a felony charge.
Arson Definition
Arson it the deliberate act of starting fires to property. In many cases, arson has caused damage to residential homes, commercial buildings as well as public property, national forests and more. It has the potential to cause catastrophic damage and loss of life. Those who are charged with arson could also be charged with the death of anyone who dies because of the fire they deliberately set.
Fifth Degree
In the state of New York, should someone deliberately damage the property of another individual by setting off an explosion or starting a fire without the property owner’s permission: it is arson in the Fifth Degree. This is a class A misdemeanor. If a person is given jail time they could be incarcerated for up to twelve months.
Fourth Degree
Should a person deliberately damage a building or motor vehicle by starting a fire or setting off an explosion; it is arson in the Fourth Degree. This is a class E felony. A person found guilty could be incarcerated for up to three years.
Experienced Arson Defense in NYC
Third Degree
When a person deliberately starts a fire or sets off an explosion that damages a building or property, they can be charged with third-degree arson. This is similar to fourth-degree arson with the difference being the individual who started the fire did not intend to cause property damage. This is a class C felony. A person found guilty could be incarcerated for up to 15 years.
Second Degree
This is when a person deliberately starts a fire or sets off an explosion to damage a motor vehicle or building, and a person who isn’t involved in the commission of the crime is present at the scene. The accused must have known the other person was present, or that circumstances existed that indicated a likely possibility the person was at the scene. This is a class B felony. A person found guilty of this could be incarcerated for 25 years to life.
First Degree
A person can be charged with this when they deliberately start a fire or set off an explosion that damages a building or motor vehicle. A charge of first-degree arson can be given when an individual uses an incendiary device they throw, propel or place at the scene. It must have caused a fire or explosion resulting in significant physical injury to a person other than the individual who perpetrated the event. Should a person deliberately start a fire or set off an explosion with the motivation of financial gain, they can be charged with first-degree arson. A person found guilty of this could be incarcerated for 25 years to life.
Legal Defenses
It’s possible for a fire to be caused by nature. This can happen in areas where wildfires are common. A prosecutor may not be able to prove a person had malicious intent when starting a fire. It could have been caused by negligence, recklessness and more. After a fire, it can be difficult to obtain evidence. In many cases, insufficient evidence is a legal defense. Evidence provided by a prosecutor could be incorrect and flawed.
New York has specialized Fire Marshals from the Fire Department of New York and others who investigate arson crimes. There are even prosecutors who specialize in arson cases. A person charged with arson will need the help of a criminal defense attorney like those at Raiser & Kenniff. They have important experience in dealing these complicated cases. They will know how to analyze the facts of a case and what a person can expect when charged with arson.
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