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Article 150 Arson | Penal Law 150.05

New York Arson in the Fourth Degree Lawyer

Arson in the fourth degree can involve reckless fire-related allegations. These cases require close review of what the client allegedly did, whether the conduct was reckless under the law, and whether fire-scene conclusions are supported by reliable evidence.

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

  • recklessness
  • risk to property
  • fire origin and cause
  • expert fire investigation
  • scene preservation
  • statements
  • surveillance evidence
  • alternative explanations

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 150.05 Arson defense hub Free consultation
Official jury-instruction framework

Arson in the Fourth Degree: What Prosecutors Must Prove

NY Penal Law 150.05 - source framework: New York Criminal Jury Instructions for Arson in the Fourth Degree.

  • The prosecution generally must prove reckless damage to a building or motor vehicle by intentionally starting a fire or causing an explosion.
  • The key distinction is often mental state: prosecutors must address recklessness, including awareness and conscious disregard of a substantial and unjustifiable risk.
  • Defense review may examine accidental fire causes, whether the accused actually perceived the risk, whether the conduct created the charged risk, whether damage was caused by the alleged act, and whether expert fire evidence is reliable.

Fourth-degree arson can still be charged as a felony and should not be treated like a routine property-damage accusation. Early investigation can be important before physical evidence disappears.

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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