New Jersey Arson Laws

Arson is a serious crime in New Jersey. Penalties include lengthy prison sentences and hefty fines.

Generally, New Jersey law defines arson as starting a fire or explosion on your own property or someone else’s. New Jersey‘s arson statute breaks the criminal offense into several degrees, each with a specific penalty.

In this article, we will explain New Jersey arson law, including the penalties and defenses to this crime. If you’re facing arson charges or other criminal charges, you should contact a New Jersey criminal defense lawyer right away. They’ll review your case and help decide the best way to proceed.

How Does New Jersey Law Define Arson?

New Jersey law classifies arson into four degrees, with first-degree arson being the most serious offense. The specific facts of your case will determine which degree of arson the prosecutor will pursue. Generally, those cases involving bodily injury and significant property damage carry the more severe penalties.

We will discuss the varying degrees of arson in more detail below.

First-Degree Arson

This is the most serious type of arson, and it usually involves arson for hire or setting fire to a house of worship. A person is also guilty of this crime of the first degree if they set a dangerous fire or cause an explosion with the purpose of causing significant harm and danger of death. For example, if someone set fire to a local synagogue or mosque, they would be charged with first-degree arson.

The penalty for first-degree arson is 10 to 20 years in state prison and fines of up to $200,000. Under New Jersey‘s No Early Release Act, anyone convicted of first-degree arson must serve at least 85% of their sentence before they are eligible for parole.

Second-Degree Arson

Second-degree arson is also known as aggravated arson and involves a person who sets fire to a structure or other property knowing it will cause a risk of serious bodily harm or death.

You can also be guilty of second-degree arson in the following circumstances:

• You set a fire or cause an explosion that destroys a structure, such as a house or other building
• You set a fire or cause an explosion to collect the insurance money
• You start a fire that recklessly endangers the welfare of others

For example, let’s say Sally needs to do a lot of renovations on her house, but cannot qualify for a loan. So she starts a small fire in her kitchen, intending to use the insurance proceeds to cover the renovations. If investigators find evidence that the kitchen fire was set intentionally, they’ll recommend a second-degree arson charge.

The penalties for this crime include a prison sentence of 5 to 10 years and fines of up to $150,000. As with first-degree arson, a defendant guilty of this crime must serve at least 85% of their sentence before becoming eligible for parole.

Third-Degree Arson

A person is guilty of this third-degree crime when they recklessly start a fire or cause an explosion that endangers people or property. The primary difference between third-degree arson and other, more serious types of arson lies in the defendant’s intent. With third-degree arson, the defendant does not intend to cause harm or to collect insurance proceeds.

For example, the owner of a construction company doesn’t want to pay professionals to clear the land behind the site of a new housing development he is building. Instead, he decides to use an accelerant to set fire to the wooded area behind the site. But the fire gets out of hand and destroys seven nearby houses. Even though he didn’t intend to damage people’s homes, setting the fire was a reckless act that qualifies for a third-degree arson charge.

The penalties for this criminal offense include 3-5 years in prison and fines of up to $15,000.

Fourth Degree Arson

The state will charge a defendant with this crime of the fourth degree if the individual has a legal duty to prevent or stop a fire and fails to do so, knowing that they are endangering life or property.

For example, a restaurant owner experiences a small fire in the kitchen, which he could easily put out. Instead, he allows the fire to burn, causing ten times the damage it would have if he had extinguished it.

The penalty for fourth-degree arson is up to 18 months in prison and a fine of up to $10,000.

Potential Defenses to Arson

When you’re facing charges for a serious crime like arson, you’ll do almost anything to escape conviction. This is only natural. The only way to do that is to either prove your innocence or raise an affirmative defense to the arson charge.

Common defenses in an arson case include:

• Accident

• Lack of intent

• Insanity

• Mistake of fact

If you cannot successfully raise one of these defenses, there’s a good chance the state will secure an arson conviction. This will likely result in a lengthy term of imprisonment and thousands of dollars in fines.

When you meet with your criminal defense lawyer for your initial consultation, you’ll discuss possible defenses that may be available in your case.

Get an Attorney’s Help for Your Arson Case

If you’re facing arson charges in New Jersey, you could be looking at prison time and costly fines. To achieve the best-case scenario, consult an experienced defense attorney. Your attorney will review the state’s evidence and craft a strong defense strategy.

While there’s no rule that says you have to hire a criminal attorney, it’s in your best interest to at least meet with one. This will give you an idea of what you’re up against and what you can do to help secure an acquittal or a favorable plea bargain.