What constitutes arson in New Jersey?

What Constitutes Arson in New Jersey?

Arson is a very serious crime in New Jersey that involves intentionally and illegally setting fire to property. It can lead to major property damage, threaten human lives, and even attempted insurance fraud. So what exactly constitutes arson under New Jersey law? Let’s break it down.

The Legal Definition

According to New Jersey statute 2C:17-1, a person is guilty of arson if he or she purposely starts a fire or causes an explosion in order to:

• Destroy a building or structure, including any adjacent building or structure;
• Damage a building or structure so it can’t be used, either temporarily or permanently;
• Damage or destroy property inside a building to collect insurance;
• Threaten someone’s physical safety;
• Terrorize or recklessly endanger others;
• Damage or destroy a forest.

So arson doesn’t just apply to burning down houses or businesses. Setting fire to a public park, wooded area, or even your own property can constitute arson too, if it’s done illegally and intentionally.

Degrees of Arson

Not all arson is treated equally under the law. There are degrees of arson that carry different criminal penalties:

• 1st Degree Arson – This is when you purposely start a fire or explosion and it recklessly places another person in danger of death or bodily injury, or it was done with the purpose of collecting insurance. This is a 1st degree felony with a sentence of 10-20 years in prison.
• 2nd Degree Arson – This is when you purposely start a fire or explosion to destroy or damage a building or structure, whether or not a person is endangered. This is a 2nd degree felony with a sentence of 5-10 years in prison.
• 3rd Degree Arson – This is when you purposely start a fire or explosion to destroy or damage a structure simply to collect insurance. This is a 3rd degree felony with a sentence of 3-5 years in prison.
• 4th Degree Arson – This is when you recklessly start a fire or explosion that damages a building or structure. This is a 4th degree felony with a sentence of up to 18 months in prison.

In addition to jail time, those convicted of arson in New Jersey may also face fines up to $150,000.

Defenses Against Arson Charges

If you’ve been accused of arson, there may be defenses your attorney can use to fight the charges, such as:

• You didn’t intentionally set the fire – it was an accident or the result of negligence;
• Someone else started the fire without your knowledge or participation;
• You have an alibi proving you were elsewhere when the fire was set;
• The fire was the result of an electrical malfunction, mechanical failure, or act of nature.

An experienced criminal defense lawyer can evaluate the evidence against you and build the strongest defense to arson charges. Don’t hesitate to seek legal help.