Arson In New York
Arson is covered by New York Penal Law Article 150. There are five categories of arson in New York: fifth degree arson; fourth degree arson; third degree arson; second degree arson and first degree arson. They range from a class A misdemeanor to a class A-I felony. They all involve damage recklessly or intentionally caused to property, buildings or motor vehicles. The definition of buildings goes beyond its ordinary meaning to include any structure, vehicle or watercraft in which people stay overnight or do business. [PL § 150.00] A multi-unit building –such as an office or apartment building -is considered to be a single building. [PL§150.00] Motor vehicles include cars, vans, mobile homes, trucks, motorcycles, etc. Motor vehicles do not include bicycles, electric wheel chairs or snow mobiles. [PL §150.00]
A person commits arson in the fifth degree if he or she intentionally damages property of another person without their permission by intentionally starting a fire or causing an explosion. [PL§150.01] Arson in the fifth degree is a class A misdemeanor. [PL§150.01] An adult convicted of arson in the fifth degree may be sentenced to a maximum of one year in the local county jail. [PL§ 70.15(1)] He or she can be sentenced to three years probation. [PL§ 65(3)(b)(ii) He or she can receive a split sentence of up to four months in jail and either three years probation or one year conditional discharge. [PL §60.01(2)(d)] He or she may receive a one year conditional discharge.[PL§§ 60.01(2)(a)(i) and 65.05(3)(a)] He or she could possibly receive a unconditional discharge. [PL§§ 60.01(3)(d) and 65.20(1)] He or she can also be fined a maximum of one thousand dollars. [PL §80.05(1)] He or she also may be ordered to pay restitution or a maximum surcharge of one hundred forty five dollars and a crime victim assistance fee of twenty dollars unless restitution or reparation is made [PL §§ 60.27(1), 60.35(1)(6), and (9)]
A person commits arson in the fourth degree if he or she recklessly causes damage to a building or motor vehicle by intentionally starting a fire or causing an explosion. [PL § §150.05 and 15.05(3)] Arson in the third degree is a class E-Felony. [PL§150.05] An adult first time felony offender convicted of Arson in the fourth degree may receive a maximum indeterminate sentence of 1 1/3 to 4 years in state prison.[PL§70.00(2)(e) and (3)(b)]. He or she may receive a definite sentence of imprisonment of up to one year. [PL 60.0193)(a0 and 70.00(4)] He or she can be sentenced to five years probation. [PL §§60.01(2)(a)(i) and 65.00] He or she may receive a three year conditional discharge. [PL§§ 60.01(2)(a)(i) and 65.05] He or she can receive a split sentence of up to six months in jail and either five years probation or three years of conditional discharge. [PL§60.01(2)(d)] He or she could receive an unconditional discharge. [PL§§ 60.01(3)(d) and 65.20(1)] He or she may be fined up to five thousand dollars. [PL §§60.01(3)(d) and 65.20(1). He or she may be ordered to pay restitution. [PL 60.27(1)] They must pay a mandatory surcharge of two hundred fifty dollars and crime victim assistance fee of twenty dollars unless restitution or reparation is made. [PL 60.35]
A person commits arson in the third degree if he or she intentionally causes damage to a building or motor vehicle by starting a fire or causing an explosion. [PL §150.10(1)] However, it is an affirmative defense that the he or she acted with the consent of every person who had a possessory or ownership interest in the property, his or her only intent was to damage or destroy the building or motor vehicle for a lawful and proper reason and he or she had no cause to think that his or her actions might threaten anyone else’s life or safety or cause damage to any other building or motor vehicle. [PL §150.10(2)] Arson in the third degree is a class C felony. [PL §150.10] An adult first time felony offender convicted of arson in the third degree may be sentenced to a maximum of 5 to 15 years in state prison.[PL§70.00] He or she may be fined up to five thousand dollars. [PL §§60.05(7) and 80.00] He or she may be ordered to pay restitution or reparation to the victim. [PL§60.27(1)] The municipality may seek restitution for restoration, rehabilitation or clean up costs if no victim seeks restitution. [PL §60.27(10)] He or she must pay a mandatory surcharge of two hundred fifty dollars and a crime victim assistance fee of twenty dollars if restitution or reparation is not made. [PL §60.35] If he or she is convicted of arson in the third degree as a hate crime, the sentencing options would be elevated to those applicable to a class B violent felony. [PL §485.10(2)]
A person commits arson in the second degree if he or she intentionally causes damage to a building or motor vehicle by starting a fire or causing an explosion and there is person who is not participant in the crime inside the building or motor vehicle or there is a reasonable possibility of a person who is not a participant in the crime being inside the building or vehicle. [PL§150.15] Arson in the second degree is a class B violent felony. [PL §150.15] An adult first time felony offender may be sentenced to a determinate sentence in whole or half years between 5 and 25 years in state prison. [70.02(3)(a) ) If he or she is sentenced to a determinate sentence they may also be sentenced to a maximum of 5 years of post release supervision. [PL §§ 70.00(6) and 70.45(2)] An indeterminate sentence may be imposed if he or she committed the crime against someone who subjected him or her to domestic violence. [PL 60.12(1)] He or she may be fined up to five thousand dollars. [PL§§ 60.05(7) and 80.00] He or she may be ordered to pay restitution or reparation to the victim. [PL§60.27(1)] The municipality may seek restitution for restoration, rehabilitation or clean up costs if no victim seeks restitution. [PL §60.27(10)] He or she must pay a mandatory surcharge of two hundred fifty dollars and crime victim assistance fee of twenty dollars if they do not pay restitution or reparation. [PL§ 60.35] If he or she is convicted of arson in the second degree as a hate crime then the determinate sentence must be at least eight years.[PL §§485.10(30(b) and 70.02(3)] If the crime is considered an act of terrorism, the sentencing options are elevated to those applicable to a class A-I felony. [PL §490.25(2)]
A person commits arson in the first degree when he or she deliberately causes damage to a building or motor vehicle by starting a fire or causing an explosion by tossing a Molotov cocktail inside or near a building or motor vehicle and there is person who is not participant in the crime inside the building or motor vehicle or there is a reasonable possibility of a person who is not a participant in the crime being inside the building or vehicle. [PL §150.20(a)(b)(c)]
A person also commits arson in the first degree if he or she deliberately causes damage to a building or motor vehicle by starting a fire or causing an explosion using an explosive and there is person who is not participant in the crime inside the building or motor vehicle or there is a reasonable possibility of a person who is not a participant in the crime being inside the building or vehicle. [PL §150.20(a)(b)(c)]
A person also commits arson in the first degree if he or she intentionally causes damage to a building or motor vehicle by starting a fire or causing an explosion and a person other than a participant in the crime is seriously injured by the fire or explosion and there is person who is not participant in the crime inside the building or motor vehicle or there is a reasonable possibility of a person who is not a participant in the crime being inside the building or vehicle. [PL §§150.20(a)(i)(b)(c)] Serious injury includes death, substantial risk of death, protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function or any body organ. [PL §10.00(10)]
A person also commits arson in the first degree if he or she intentionally causes damage to a building or motor vehicle by starting a fire or causing an explosion with the expectation or receipt of financial advantage or pecuniary profit and there is person who is not participant in the crime inside the building or motor vehicle or there is a reasonable possibility of a person who is not a participant in the crime being inside the building or vehicle. [PL §150.20(a)(ii)(b)(c)]
Arson in the first degree is a class A-I felony. [PL §150.20] An adult first time felony offender convicted of arson in the first degree may be sentenced to a maximum of 25 years to life in state prison.[PL §70.00(2)(a)] He or she would be sentenced to no less than 15 years to life. [PL§ 70.00(2)(a) and 70.00 (3)(a)(i)] He or she may be fined up to five thousand dollars or twice their gain from the crime. [PL §§60.05(7) and 80.00] He or she may be ordered to pay restitution or reparation to the victim. [PL§60.27(1)] The municipality may seek restitution for restoration, rehabilitation or clean up costs if no victim seeks restitution. [PL §60.27(10)] He or she must pay a mandatory surcharge of two hundred fifty dollars and crime victim assistance fee of twenty dollars if they do not pay restitution or reparation. [PL§ 60.35] He or she must pay a fifty dollar DNA databank fee and provide a DNA sample. [PL 60.35(1)(e)] If he or she is convicted of arson in the first degree as a hate crime, the sentence will be no less than 20 years to life. [PL §§ 485.10(40 and 70.00(2)(3)] If the crime is considered to be an act of terrorism , he or she will be sentenced to life in prison without parole. [PL §§60.06 and 490.25(2)(d)]
Please call me toll free at 1-877-858-2889 if you have been arrested for arson. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
