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Article 150 Arson | Penal Law 150.10

New York Arson in the Third Degree Lawyer

Arson in the third degree is a serious felony often involving allegations that a person intentionally damaged a building or motor vehicle by starting a fire or causing an explosion. Defense strategy may turn on intent, causation, expert review, ownership issues, and whether prosecutors can prove the charged theory.

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

  • intentional damage allegation
  • building or vehicle element
  • fire or explosion cause
  • accelerant evidence
  • insurance or motive claims
  • expert review
  • statements
  • search and seizure issues

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 150.10 Arson defense hub Free consultation
Official jury-instruction framework

Arson in the Third Degree: What Prosecutors Must Prove

NY Penal Law 150.10 - source framework: New York Criminal Jury Instructions for Arson in the Third Degree.

  • The prosecution generally must prove intentional damage to a building or motor vehicle by starting a fire or causing an explosion.
  • The CJI framework also matters because damage can include slight damage, such as charring, and the statute contains an affirmative-defense concept involving ownership or consent, lawful purpose, and lack of danger to others or other property.
  • Defense strategy may focus on accident versus intent, fire origin, causation, expert methodology, ownership or consent issues, whether the alleged damage qualifies, and whether the prosecution can connect the accused person to the fire beyond a reasonable doubt.

Third-degree arson is a serious felony. Even where no one is injured, the accusation can create major criminal, financial, professional, and reputation 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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