In the state of New York arson is identified based on definitions associated with the two most common properties that are affected. This includes buildings or structures and motor vehicles. In terms of buildings, the law encompasses properties that include watercrafts or structures in which the owner use for lodging.
Identifying Arson Charges
According to New York State Statue 150.01, 5th degree arson is classified as an intent to damage the property without acquiring permission from the owner. This includes both fire and the use of explosives. This charge is classified as a Class A misdemeanor. Criminal Defense Lawyers in Suffolk County NY can assist you in fighting this charge.
Arson 3rd is a Felony
With arson in the 3rd degree; the accused is identified as intentionally starting a fire to damage a property. The defenses for this offense indicate that the individual had a lawful reason for starting the fire. For this defense to be used, the accused must prove that they owned the property lawfully and wouldn’t acquire any financial gains through insurance for its destruction. If you’re facing this charge, you should hire criminal defense lawyers in Suffolk County to defend you.
Arson 2nd Charges
This charge indicates that the individual started the fire intentionally. It also identifies that there was an inhabitant inside the building or motor vehicle which was unaware of the fire. This indicates that the accused was also aware of the inhabitant’s presence within the structure.
First Degree Arson
An individual is charged with first degree arson when they start a fire intentionally via devices or explosives. This charge is identified by the severe physical injuries inflicted on the victim. It is also used in cases where arson was used to initiate insurance fraud. This indicates that the perpetrator set the fire intentionally for financial gains through an insurance claim.
Arson is a leading cause of fatalities throughout the state of New York. While it wasn’t the intent for the accused to inflict personal injury, in some cases, they are tried according to any injuries or fatalities that result from the fire. In cases of insurance fraud, the state imposes severe penalties as well. If you are facing any of the above-mentioned arson charges, you should hire Criminal Defense Lawyers in Suffolk County NY to represent you. Click here for more details.