Article 150 Arson | Penal Law 150.01
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.
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
- Arson Defense
- Arson in the Fourth Degree
- Arson in the Third Degree
- Arson in the Second Degree
- Arson in the First Degree
- Criminal Mischief
- Reckless Endangerment
- Criminal Defense
- Contact Lebedin Kofman LLP
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.