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Article 150 Arson | Penal Law 150.20

New York Arson in the First Degree Lawyer

Arson in the first degree is among the most serious New York criminal charges and may involve allegations of explosive devices, incendiary devices, serious injury, or aggravated intent. These cases can require defense experts, forensic review, suppression issues, motive analysis, and extensive trial preparation.

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

  • explosive or incendiary device allegations
  • serious injury allegations
  • aggravated intent
  • forensic laboratory evidence
  • fire-origin expert review
  • search warrants
  • statements
  • sentencing exposure

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 150.20 Arson defense hub Free consultation
Official jury-instruction framework

Arson in the First Degree: What Prosecutors Must Prove

NY Penal Law 150.20 - source framework: New York Criminal Jury Instructions for Arson in the First Degree.

  • The prosecution generally must prove intentional damage to a building or motor vehicle by fire or explosion, plus the heightened statutory circumstance charged under Penal Law 150.20.
  • Depending on the theory, the case may turn on explosive or incendiary-device allegations, whether another person was present, whether the accused knew or reasonably should have known of that presence, and causation of the fire or explosion.
  • Defense review should test origin-and-cause evidence, expert fire investigation, identification, statements, search warrants, surveillance, motive evidence, ownership and access, and whether the charged first-degree theory can actually be proven.

First-degree arson is among the most serious fire-related charges in New York and can carry life-changing felony exposure, including prison, restitution, immigration, licensing, employment, and reputational consequences.

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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