Loading...
Monmouth County NJ Arson Lawyer 2017-04-24T19:59:36+00:00

NJ Arson Lawyer

Dedicated Legal Representation in Monmouth County and Ocean County, NJ

Monmouth County NJ Arson Lawyer

Arson typically refers to the purposeful starting of a fire to collect insurance money. It is a very serious, criminal offenses in NJ, and if you’re charged with arson, you are facing the penalties outlined within first, second, or third degree penalties… depending on the level of arson with which you’re charged. A person can be found guilty of arson if he intentionally sets a building or property on fire.

This crime is committed many times for purposes of injuring someone or sometimes to collect insurance payments. Whatever the reason, arson is taken seriously in New Jersey and can result in significant consequences. If you have been charged with arson, it is important that you talk to a skilled and experienced criminal defense attorney that can help you through the legal process.

Monmouth County Arson Lawyer

Arson Statute: N.J.S.A. 2C:17-1

The law for arson and aggravated arson is covered under N.J.S.A. 2C:17-1 in New Jersey. It explains:

a. A person commits aggravated arson when he starts a fire or causes an explosion, whether on his own property or another’s:

1) Thereby purposely or knowingly placing another person in danger of death or bodily injury; or

2) With the purpose of destroying a building or structure of another; or

3) With the purpose of collecting insurance for the destruction or damage to such property under circumstances which recklessly place any other person in danger of death or bodily injury; or

4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment under circumstances which recklessly place any other person in danger of death or bodily injury; or

5) With the purpose of destroying or damaging any forest.

Note: Aggravated arson is a second degree crime in New Jersey but can be considered first degree if a person pays or accepts or offers to pay or accept any form of consideration including, but not limited to, money or any other pecuniary benefit, regardless of whether any consideration is actually exchanged for the purpose of starting a fire or causing an explosion

b. A person commits arson when he purposely starts a fire or causes an explosion, whether on his own property or another’s:

(1) Thereby recklessly placing another person in danger of death or bodily injury; or

(2) Thereby recklessly placing a building or structure of another in danger of damage or destruction; or

(3) With the purpose of collecting insurance for the destruction or damage to such property; or

(4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment; or

(5) Thereby recklessly placing a forest in danger of damage or destruction.

Arson is a third degree crime in New Jersey

c. It is also a crime in New Jersey if you fail to control or report a dangerous fire. If you know that a fire is endangering life or a substantial amount of property of another and you either fail to take reasonable measures to put out or control the fire, when you can do so without substantial risk to yourself, or to give prompt fire alarm, you commit a fourth degree crime if:

(1) You knows that you are under an official, contractual, or other legal duty to prevent or combat the fire; or

(2) The fire was started, albeit lawfully, by you or with his assent, or on property in your custody or control.

Note: Arson is a first degree crime if the structure which was the target of the offense was a church, synagogue, temple or other place of public worship. This carries a 15 year minimum prison sentence.

Penalties for Arson

The penalties for arson depend on the degree that you are charged with.

First degree arson carries a prison sentence of 15 years in New Jersey State Prison with no parole eligibility.

Second degree arson, or aggravated arson, carries a prison sentence of 5 to 10 years in NJ State Prison. Further, the “No Early Release Act” applies to this crime meaning 85 percent of the sentence must be served before parole eligibility.

Third degree arson can result in 3 to 5 years in NJ State Prison

Dictionary Definition for Arson

If you deliberately set your whole house on fire to collect the insurance money, you’ve committed arson. The noun arson comes from the Latin word ardere, meaning “to burn.” Arson is the act of setting something on fire for a nefarious purpose, and it is, of course, illegal. www.vocabulary.com/dictionary/arson

In New Jersey, arson is a serious crime that can lead to significant jail time. I have a number of advanced defense strategies that we can use to fight your charge.

If you have been arrested for Arson in New Jersey, contact  criminal defense attorney Ian Goldman of IMGoldman Legal Group Monmouth County Criminal Lawyer for advice and representation from a knowledgeable and experienced Red Bank criminal defense attorney.