New York Arson Criminal Defense Attorney
Arson is the serious charge of intentionally or recklessly setting a destructive fire. Due to the damaging effects of arson on people and property, the punishment can often result in prison time, fines, and probation. If you have been accused of arson, it’s imperative that you speak with an experienced criminal defense attorney. A highly skilled attorney can defend you from the charges and cast doubt on the prosecution’s evidence. Attorney Andrew DeLuca has extensive experience in Upstate New York courts, successfully fighting for clients accused of arson and other criminal charges.
The Law Office of Andrew DeLuca serves clients across Upstate New York, including Albany, Latham, Troy, Schenectady, Amsterdam, Rotterdam, Clifton Park, Saratoga Springs, Queensbury, and the surrounding area
Request A Free ConsultationArson Charges in NY State
Arson occurs when an individual sets fire intentionally to private or public property which results in damage. This could include setting fire to a building, car, or even a public park. Due to the potential damage that fire can cause, arson is often classified as a felony. The crime of arson is treated very seriously by the State of New York.
Arson is classified into five degrees of severity depending on the intent of the individual who started the fire, the property damage, and the risk that it posed to human life.
Arson in the Fifth Degree
This charge is used when a person intentionally damages property without consent by fire or an explosion. Arson in the 5th degree is a class A misdemeanor. A conviction can result in up to one year of jail time.
Arson in the Fourth Degree
An individual charged with 4th degree arson requires a reckless act that damages a building or motor vehicle by intentionally starting a fire or explosion. This is a class E felony offense. A conviction can result in 1 – 3 years of prison time.
Arson in the Third Degree
The elements of arson in the 3rd degree include that the fire must be intentionally started, and second, the fire must result in damage to property. It’s a class C felony that carries a mandatory jail sentence.
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Arson in the Second Degree
This charge has two additional requirements. The first is that another person who is not a participant to the crime is in the building or vehicle at the time and that the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility. Arson in the 2nd degree is a class B violent felony, which can range from 5 to 25 years in prison.
Arson in the First Degree
The most severe charge of arson is a class A felony and has a maximum sentence of life in prison. What sets it apart from arson in the second degree is that the crime has one or more additional requirements. It causes serious physical injury to another person other than a participant or that the act was caused with the expectation of financial advantage. That there was another person present other than the participant and that the person charged knows or the circumstances are such as to render the presence of a person in the building or motor vehicle.
Defending Against an Arson Charge in New York
An experienced and skilled lawyer, such as Attorney Andrew DeLuca, will fight for you and explore every possible defense to protect your legal rights.
Common Defenses Against Arson
Lack of proof or motive: Your defense lawyer can investigate the evidence and work with outside experts to prove the fire resulted from an accident, recklessness, negligence, or started by someone else.
Insufficient evidence: After a devastating fire, prosecutors may try to charge an individual despite a lack of conclusive evidence. A skilled lawyer can help comb through the evidence to show that there isn’t enough evidence to charge you.
Invalid science: Arson analysis is an imperfect science that has been used to wrongly accuse individuals in the past. An experienced arson defense attorney can ensure that discredited elements of arson science are thoroughly questioned and not used against you.
Pending arson charges are a threat to your freedom and future prospects. Whether you made a mistake or are being falsely accused, you must contact a Upstate New York criminal defense attorney that can defend you against arson charges.
Capital District Criminal Defense Attorney
When you contact The Law Office of Andrew DeLuca you will be connected directly to Attorney Andrew DeLuca. If the case is a good fit, he will also be the attorney defending you. Attorney Andrew DeLuca is not only a skillful negotiator but also has extensive trial experience and will take your case to trial if it is in your best interest.
Contact Mr. DeLuca today at 518-254-9109
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