New York Arson Defense Attorney
Passionate New York Criminal Defense Lawyers
Arson is a serious charge. Usually, due to its exceptionally damaging nature,
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. It is crucial that
you are proactive in obtaining the services of a trusted, experienced
lawyer who can defend you from these serious and life-changing charges.
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.
Defenses to Charges of Arson
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,
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
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.
Penalties 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 firm. Call (646) 681-5997
for a free case evaluation!