NY Penal Law § 150.10: Arson in the Third Degree

by ECL Writer
Arson in the fifth degree

Arson In New York is the act of purposefully causing damage to property by means of fire or explosives. Arsonists frequently cause damage to buildings, but they can also cause harm to a car or a boat. Arson in the third degree is defined by New York Criminal Code 150.10 as the willful use of fire or an explosion to maliciously damage a building or vehicle. Any building, vehicle, or watercraft that is utilized for overnight lodging or for conducting business is included in the definition of a building.

Defenses

The fact that the fire was not intentionally started but rather by accident could be used as a defense against a third-degree arson accusation. You cannot be found guilty of third-degree arson if the fire or explosion was unintentional.

Another conceivable argument is that you are the building’s sole owner and that the fire or explosion was started for a legitimate reason as allowed by New York Penal Code 150.10(2). (b).

Sentence

The maximum term for third-degree arson is 15 years in jail, with a one-year minimum requirement, as it is a class C felony. In addition, the court may mandate that you pay any victims’ restitution and a fine.

New York Penal Law § 150.10: Arson in the Third Degree

  • 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.
  • 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.

Hiring A Lawyer in New York For Arson in the Third Degree Cases

If you are facing charges of Arson in the Third Degree in New York, it is crucial that you hire an experienced criminal defense lawyer to represent you. Here are some steps you can take to find a qualified lawyer:

  • Ask for recommendations: Ask family, friends, or colleagues if they know of a good criminal defense lawyer in New York. They may be able to recommend someone who has experience with arson cases.
  • Research online: Use online directories and search engines to find criminal defense lawyers in New York who specialize in arson cases. Look for reviews and ratings from past clients to help you make an informed decision.
  • Contact the New York State Bar Association: The New York State Bar Association maintains a directory of lawyers in the state. You can contact them for a referral to a criminal defense lawyer who specializes in arson cases.
  • Schedule consultations: Once you have identified a few potential lawyers, schedule consultations with them to discuss your case. This will give you an opportunity to assess their experience, expertise, and communication skills.
  • Consider the cost: Make sure you understand the lawyer’s fee structure and what services are included in the fee. Some lawyers may charge a flat fee, while others may charge by the hour.

Ultimately, you want to hire a lawyer who has experience defending clients in arson cases and who you feel comfortable working with. Don’t be afraid to ask questions and take your time to find the right lawyer for your case.

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