Arson is the act of purposely setting fire to another person's property. In New Jersey, arson is an indictable crime. N.J.S.A. 2C:17-1 outlines the degrees of crime that arson can be classified as and their penalties.
If a person is found guilty of failing to control or report a destructive fire, he or she may be charged with a fourth degree crime. Fourth degree crimes are punishable by up to eighteen months in jail.
A fourth degree arson charge is applicable to situations where the fire was lawfully started by the defendant, but then grew out of control while the defendant did nothing to attempt to contain it. It is also applicable to trained professionals, such as firefighters, who are under contract to combat fires if they do not uphold their duties while a fire burns out of control.
- Arson is a third degree crime if a person intentionally starts a fire and the following criteria are met:
- A forest is in danger of damage and/or complete destruction
- The defendant plans to collect insurance money for property damaged in the fire he or she created
- A person other than the defendant is placed at risk of serious injury or death as a result of the fire
- A building or other structure faces potential damage or destruction, including if it is in an attempt to exempt the building or structure from zoning or other codes imposed by the state or town
Third degree crimes are punishable by up to five years in prison, with a minimum of three years in prison.
If a person purposely starts a fire or causes an explosion that:
- He or she knowingly places another person at risk for death or serious injury
- He or she uses as a plan to destroy a building or other structure, whether with or without the intention of exempting it from local or state ordinances
- Will intentionally destroy or damage a forest
- Is part of a plan to collect insurance money for property lost or damaged despite placing another human being at risk for physical harm,
he or she may be found guilty of aggravated arson, which is a second degree crime in New Jersey.
Second degree crimes carry a penalty of five to ten years in prison, with the presumption of incarceration. That means that the judge presiding over the case will likely sentence the defendant to jail time if he or she is convicted of the crime.
Further, any person who pays, accepts payment for or offers to pay for starting a fire or explosion for any of the reasons listed above is guilty of a first degree crime. This includes offenders who directly and indirectly involve themselves with transactions for destructive fires or explosions. A first degree crime is punishable by ten to twenty years in prison, with the presumption of incarceration.
If you are involved with an arson-related criminal lawsuit, contact Ron Bar-Nadav to learn more about your legal options. You need a knowledgeable, competent attorney to help you with your case. Ron Bar-Nadav has extensive knowledge of New Jersey laws and experience working hard for the people of New Jersey. Call 201-525-1555 today to start working on your case with Ron Bar-Nadav.