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Article 150 Arson | Penal Law 150.01

New York Arson in the Fifth Degree Lawyer

Arson in the fifth degree is the lowest degree of New York arson, but it can still create a criminal record and serious collateral consequences. The defense may focus on intent, ownership or consent, whether property was actually damaged, and whether the event was accidental or being overcharged.

Lebedin Kofman LLP defends clients in New York arson, fire-related, criminal mischief, reckless endangerment, and serious felony investigations across New York City, Nassau County, and Suffolk County.

Call 646-663-4430 or contact the firm for a confidential consultation.

Issues that may matter

  • intent
  • property damage
  • ownership or consent
  • accident versus criminal conduct
  • witness statements
  • video evidence
  • fire-scene records
  • possible civil or insurance overlap

Defense approach

Arson cases should be investigated early because fire-scene evidence can change quickly. Defense work may include preserving photographs, video, location data, insurance records, communications, fire marshal reports, lab reports, and witness accounts. Where needed, independent fire-origin or forensic experts can review whether the prosecution theory is reliable.

The defense may focus on accident, lack of intent, mistaken identity, unreliable origin-and-cause conclusions, unlawful searches, improper statements, motive assumptions, and whether the charged degree fits the facts.

Related pages

Frequently asked questions

What should I do after an arson investigation or arrest?

Speak with counsel immediately and avoid making statements about the fire, intent, insurance, property ownership, or where you were. Fire-scene evidence, video, location data, and expert review may need to be preserved quickly.

Can arson charges be challenged with expert evidence?

Yes. Fire-origin, cause, accelerant, laboratory, accident, and alternative-cause issues can be central. Expert review can be important where prosecutors rely on fire marshal or laboratory conclusions.

Contact Lebedin Kofman LLP

If you are under investigation or charged in an arson or fire-related case, call 646-663-4430 or contact Lebedin Kofman LLP.

Statute focus NY Penal Law 150.01 Arson defense hub Free consultation
Official jury-instruction framework

Arson in the Fifth Degree: What Prosecutors Must Prove

NY Penal Law 150.01 - source framework: New York Criminal Jury Instructions for Arson in the Fifth Degree.

  • The prosecution generally must prove intentional damage to property of another, without the owner consent, by intentionally starting a fire or causing an explosion.
  • The case may turn on whether the property belonged to another person, whether the owner consented, whether the accused intended damage, and whether the fire or explosion caused the alleged damage.
  • Defense strategy can include accident, lack of intent, consent, misidentification, unreliable witness accounts, weak fire-origin proof, suppression issues, and negotiated outcomes that reduce long-term consequences.

Fifth-degree arson is usually lower than the felony arson degrees, but it can still affect a person criminally, financially, professionally, and reputationally.

Why call Lebedin Kofman LLP?

Arson cases can involve forensic fire investigation, police interviews, search warrants, expert reports, insurance records, restitution, and serious felony exposure. The firm routinely handles high-stakes criminal defense matters and offers a free consultation with an attorney. Call 646-663-4430 or contact the firm online to discuss the defense strategy quickly.

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