New York City Criminal Defense Attorney

ARSON DEFENSE

Arson is the act of intentionally and maliciously setting fire to a residence, business, property or land. Committing Arson is a violation of the New York Penal Law which includes not only the commission of arson, but aiding or abetting in an act of arson.

Because arson is considered such a serious crime, if you or someone you know has been arrested for arson you should move quickly to retain a qualified criminal defense attorney that can assist with your defense. You are likely confused and anxious about what steps to take if you have been charged with this crime and you will need good legal counsel to direct you in the proper path to take to protect your rights.

At The Law Offices of Michael S. Discioarro, LLC we have very knowledgeable criminal defense attorneys who will provide you with personal service, taking the time to pull apart every aspect of the prosecutor's case to determine what really happened and how best to defend your case.

ARTICLE 150

ARSON
Section 150.00 Arson; definitions.
150.01 Arson in the fifth degree.
150.05 Arson in the fourth degree.
150.10 Arson in the third degree.
150.15 Arson in the second degree.
150.20 Arson in the first degree.

S 150.00 Arson; definitions.
As used in this article, 1. "Building", in addition to its ordinary
meaning, includes any structure, vehicle or watercraft used for
overnight lodging of persons, or used by persons for carrying on
business therein. Where a building consists of two or more units
separately secured or occupied, each unit shall not be deemed a separate
building.
2. "Motor vehicle", includes every vehicle operated or driven upon a
public highway which is propelled by any power other than muscular
power, except (a) electrically-driven invalid chairs being operated or
driven by an invalid, (b) vehicles which run only upon rails or tracks,
and (c) snowmobiles as defined in article forty-seven of the vehicle and
traffic law.

S 150.01 Arson in the fifth degree.
A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
Arson in the fifth degree is a class A misdemeanor.

S 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.

S 150.10 Arson in the third degree.
1. A person is guilty of arson in the third degree when he
intentionally damages a building or motor vehicle by starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that (a) no person other than the defendant had a possessory or
proprietary interest in the building or motor vehicle, or if other
persons had such interests, all of them consented to the defendant`s
conduct, and (b) the defendant`s sole intent was to destroy or damage
the building or motor vehicle for a lawful and proper purpose, and (c)
the defendant had no reasonable ground to believe that his conduct might
endanger the life or safety of another person or damage another building
or motor vehicle.
Arson in the third degree is a class C felony.

S 150.15 Arson in the second degree.
A person is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) 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 second degree is a class B felony.

S 150.20 Arson in the first degree.
1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
2. As used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
Arson in the first degree is a class A-I felony.