New York Arson Defense Lawyer

New York Criminal Defense Lawyers Explain Arson Charges and Their Penalties

Arson charges are serious due to their exceptionally damaging nature, and an individual accused of arson faces felony charges and penalties. With more than 75 years of combined experience, the New York criminal defense attorneys at Goldberger & Dubin, P.C. can capably defend clients facing charges of arson. If you’re facing arson charges, it’s crucial that you are proactive in obtaining the services of a trusted, experienced lawyer who can defend you in this serious and life-changing situation.

Our NY Arson Defense Lawyer is here to fight for you. To begin a free case evaluation with our firm, call (646) 681-5997!

What is Arson?

Arson involves setting fire to property intentionally. Often, arson results in damage to residential or commercial buildings, but in some cases it can result in damage to public property, such as a national forest. Due to fire’s volatile nature and the potential for people to be injured or die, arson is typically classified as a felony rather than a misdemeanor.

A person may commit this crime for a number of reasons, such as covering up a crime they previously committed or deceiving an insurance company in order to collect funds.

What Are Common Defenses for Arson Charges?

It can be difficult to reasonably prove intent in charges of arson. A skilled lawyer from our firm can defend your legal rights and protect your innocence.

The following are common defenses to charges of arson:

• Natural Causes: Especially in places where wildfires are common, it is possible that the fire was started by natural means, and not with malicious intent.
• Lack of Proof of Intent: Prosecution will try to prove malicious intent in starting the fire. Your lawyer can try to prove that the fire resulted from accident, recklessness, or negligence.
• Insufficient Evidence: In many cases, evidence is lacking after a fire. Your lawyer may try to prove that there isn’t enough evidence to charge you.
• Invalid “Science”: In the past, incorrect evidence was used to incriminate individuals charged with arson. A lawyer can ensure questionable evidence gains no foothold in your case.

With your future and freedom at stake, it is imperative that you are represented by a skilled and experienced attorney who can capably defend any charges against you.

Is Arson a Felony?

In New York, arson carries different penalties according to the level of severity. The level of punishment ranges from a misdemeanor, where the offender can possibly avoid jail time, to class A-I felony charges which include a minimum punishment of 15-25 years to life.

What Is Considered Attempted Arson?

The law for attempted arson includes three potential charges, that include:

• Attempted willful/malicious arson
• Attempted reckless arson
• Attempted aggravated arson

In order to be convicted of a felony, proof of the physical act is required such as attempting to ignite a fire or attempting to cause scorching. If you coerce someone else into committing arson or agreeing to participate in a group, that is also considered as attempted arson and will be convicted as so.

What Are the Penalties and Punishments for Arson in New York?

You may be asking yourself, "how long do you go to jail for arson?" 

If convicted, the following are the minimum sentences for arson, as defined by New York Arson Penal Law:

• Fifth Degree: This is a misdemeanor. If convicted, you may avoid a jail sentence or spend a maximum of 1 year in jail.
• Fourth Degree: This is considered an “E” felony and carries a sentence of 1-3 years in jail.
• Third Degree: This is considered a “C” felony and carries a sentence of 1-15 years in prison.
• Second Degree: This is a “B” violent felony and carries a sentence of 5-25 years to life.
• First degree: This carries a sentence of 15-25 years to life.

Trust 75+ Years of Collective Defensive Experience!

When you choose Goldberger & Dubin, P.C., you are choosing a firm who thinks outside the box in their passionate pursuit of justice on your behalf. With a New York criminal defense lawyer on your side, you benefit from a level playing field and a fair shot at lessened or dropped charges. 

Our attorneys aggressively represent your rights and prepare you for what to expect in every step of case proceedings. We will relentlessly pursue the best possible outcome on your behalf. Due to our track record of success, we have been named among New York’s Best Criminal Defense Lawyers by New York Times. 

You can expect exceptional representation from our experienced New York Arson Defense Attorney. Call (646) 681-5997 for a free case evaluation!