Are you being investigated, or accused, of committing arson? As most people know – Arson is when you explode, or burn, a dwelling or the surroundings of a space. Arson can apply to both commercial and residential buildings. If you do arson in connection with an insurance claim, this can be a form of insurance fraud. Arson which is done with the intent to defraud, or done with the intent to injure or harm someone, is a criminal act – which means you’ll need the help of a talented criminal defense law firm to help. Many states consider the burning of a building, as intent of insurance fraud – which makes arson an even more serious crime. As a result, if you’re under suspicion, are arrested, or are being investigated, we encourage you to take advantage of the risk free consultation our NYC criminal attorneys offer.
Arson is known as a criminal act, which implies starting a fire and causing damage to a building. The charge of arson is codified as §150 of the Penal Code. Building is defined as any structure, vehicle, or watercraft, used for overnight lodging, or used by person for carrying out a business purpose. The penalties for arson can be quite severe.
Arson have five degrees of punishment in New York. The lowest charge carries jail time as a penalty. As a result, if you’re faced wit arson, we encourage you to contact our law office. The court takes this crime seriously, because it has the potential to harm many nearby people, and causing immense injuries and death to people nearby. The basic concept the prosecution will have to prove that there was a fire that occurred, and that your reckless action caused it. Motive is crucial in helping them prove the charge of arson.
In New York the arson statutes are the following:
§150.01 Arson in the fifth
This statute applies when a defendant intentionally causes damage through a fire or explosion. This is a class a misdemeanor, with up to 1 year in jail.
§150.05 Arson in the fourth degree
The difference with charge, is the person didn’t intend on burning the building, but knew his activities could potentially harm the building. This applies if he could set fire to something near the building, like a trash can. This is a Class E Felony, which means a maximum sentence of 4 years in jail.
§150.10 Arson in the third degree
This is where you intended to burn the building. The defendant intended to cause damage to the building or vehicle, and started a fire. The fire caused damage as well. This is a Class C felony, with a penalty of no less than 3.5 years in jail, and no longer than 15 years in jail.
§150.15 Arson in the second degree
Arson in the second degree relies on the element that the damage was intentional. It is second degree, because the defendant knew, or should have known, that a person would be in the structure at the time. It’s a Class B felony, with a penalty no less than 5 years, and no more than 25 years, in jail. The major difference between this charge and other charges, is the fact there was a person or might be a person in the structure. As a result, this increases the penalties.
Arson’s a serious crimes – that’s why you need the best possible criminal defense. Raiser & Kenniff, PC, is a service driven law firm, founded by 2 former prosecutors. Our attorneys are extremely experienced, and can handle all types of crimes. Get a risk free consultation from us today.
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