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Article 150 Arson | Penal Law 150.15

New York Arson in the Second Degree Lawyer

Arson in the second degree is a high-exposure felony commonly tied to allegations involving an occupied building or risk to another person. These cases demand immediate review of fire-scene evidence, witness accounts, evacuation or occupancy proof, alleged motive, and expert fire-origin analysis.

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

  • occupied-building allegations
  • risk to others
  • fire-scene evidence
  • fire marshal conclusions
  • accelerant testing
  • surveillance and location data
  • witness accounts
  • grand jury and trial strategy

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.

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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 150.15 Arson defense hub Free consultation
Official jury-instruction framework

Arson in the Second Degree: What Prosecutors Must Prove

NY Penal Law 150.15 - source framework: New York Criminal Jury Instructions for Arson in the Second Degree.

  • The prosecution generally must prove intentional damage to a building or motor vehicle by starting a fire, and that another nonparticipant was present when the fire occurred.
  • The People must also address the knowledge or reasonable-possibility requirement tied to the other person being present, along with proof that the fire caused the charged damage.
  • Defense issues often include whether the fire was intentional or accidental, whether the accused caused it, whether the accused knew of any person present, whether expert conclusions are reliable, and whether statements or searches can be suppressed.

Second-degree arson is a high-exposure felony. A defense plan should start quickly because the case may involve forensic experts, scene evidence, insurance or ownership records, witness accounts, and sensitive statements.

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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