New York Arson Laws
Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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New York is home to the world famous New York City fire department which, along with its peers, battle fires throughout the state. The fires are sometimes human made, and, when they're deliberately set, they, they constitute arson, a crime in which a person intentionally damages property through the use of fire or explosives.
New York recognizes differing degrees of arson, based on certain factors including:
- whether or not a person occupied the property;
- whether or not a person was seriously injured and;
- whether or not the fire was caused intentionally, recklessly, or accidentally.
First degree arson, the most serious of the arson charges, is situated alongside first degree murder as one of the most serious offenses in New York. If you're convicted of these charges, you could spend the rest of your life in prison. On the other end of the spectrum is fifth degree arson which is the only arson charge that's a misdemeanor and not a felony.
New York Arson Laws at a Glance
The chart below provides a summary of New York arson laws including links to important code sections.
Statutes |
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Penalties and Sentencing |
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Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for New York Arson Laws:
Contact a Criminal Attorney about Your Arson Case
If you're facing arson charges in New York, you're dealing with serious charges that could result in significant prison time. Anytime incarceration is a possibility, you'll want to have an experienced professional on your side. Consider speaking with a criminal defense attorney near you who can help explain your options.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many New York attorneys offer free consultations.
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