Arson Defense Attorney in Long Island
Long Island Criminal Defense Lawyer
Looking for a Long Island lawyer to defend you in an arson case? Arson charges are not to be underestimated and are considered serious offenses in the state of New York. At Prime & O'Brien, LLP, our criminal defense attorneys are capable of defending all five degrees of arson. Our team knows how stiff the penalties are and how cut-throat the prosecuting attorneys will be. Our firm stands ready to defend your case.
Why Choose Our Arson Defense Lawyers?
- Put over 20 years of legal experience on your side
- The expertise of former Nassau County prosecutors
- Have a proven track record of success
- Offer a case evaluation free of charge
Arson is the crime of setting fire to, in, or near a structure, resulting in fire damage. The crime of arson can also include the use of explosives. In arson cases, the prosecuting attorney will look to exaggerate the details of the cases, no matter how small the fire may have been. With these cases, the building does not have to be completely destroyed in order to constitute an arson charge. That is why it is vital that you have an arson defense attorney present to protect your rights both in and out of court.
Speak with a Long Island criminal defense attorney today regarding to your arson case.
New York Penal Law Article 150
According to New York criminal law, arson can be considered a felony offense. In fact, the most serious arson charge is considered to be comparable to a
murder charge. Arson is broken up into five varying degrees and the most minor charge is considered to be a misdemeanor crime. In order for the prosecution to prove an arson charge, they must be able to demonstrate that you committed the crime "willfully and maliciously." This means that they must be able to prove that the crime was committed intentionally and it was not by accident. So if you started a fire with the intention to burn down a nearby structure, then you could be charged and sentenced with arson.
It is important to note that someone who intentionally burns down their own house can also be charged with arson in New York. Anyone found aiding in the crime of arson can also be charged. For example, someone who pours gasoline on the ground of a structure could also face arson charges.
Penalties for Arson in New York
The exact penalty for you crime with vary depending on the degree of arson that you are charged with. First degree arson is the worst kind and fifth degree arson is the mildest charge.
The penalties for the various types of arson include:
- Fifth Degree Arson - When someone intentionally causes damage to a structure by fire or explosion. This is considered a Class A misdemeanor crime with a maximum sentence of one year in jail. There are times when jail can be avoided altogether.
- Fourth Degree Arson - When someone recklessly causes damage to a vehicle or structure using fire or explosives. This is categorized as a class E Felony which could lead to a 1-3 year prison sentence. Alternative sentencing is permitted in some cases.
- Third Degree Arson - In New York, this is considered to be a Class C Felony which has a maximum punishment of a 5-15 year jail sentence.
- Second Degree Arson - When someone intentionally sets fire to a vehicle or structure while knowing that someone is inside. As a Class B violent felony crime, defendants can face as little as 5 years and as many as 25 years in jail.
- First Degree Arson- When someone intentionally starts a fire or sets off explosives in a structure, knowing that people are inside and someone gets seriously injured. This type of charge can also come about when someone starts a fire or sets off an explosion with a secret financial motive. This is a class A-1 Felony crime with a minimum punishment of 15 years to life in prison. The maximum penalty is 25 years to life in prison.
Defending Against Arson Charges in Nassau County, NY
Since the attorneys have experience handling cases of this nature, they know just how important it is to take action early. Get a criminal defense lawyer involved in your case as soon as possible so that you can increase your chances of success.
Need an attorney for an arson crime in Long Island? The firm offers a free initial case review, so call today to discuss your charges.
Contact their office now and learn how they can help you!