FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NY Penal Law § 150.10: Arson in the Third Degree

June 29, 2020 Federal Criminal Attorneys

Arson is the criminal offense by which one intentionally damages property by the use of fire or explosives. The most common target that is damaged by arson are buildings.  Nonetheless, the property damaged by arson can also be motor vehicles or watercraft. Under New York Penal Law § 150.10, arson in the third degree entails intentionally damaging or destroying the property of another person without the consent of the owner by intentionally starting a fire or causing an explosion. For the purposes of this statute, the term “building” encompasses any structure, vehicle or watercraft that is used for overnight lodging or for carrying on a business.

For Example

Rahman is under threat of significant business losses. Unable to come up with solutions on how to improve his business’s financial picture, Rahman decides to set fire to the business’s offices and collect the insurance money. Among other criminal charges, Rahman could face the charge of arson in the third degree due to the fact that he intentionally damaged a building with fire. Even though Rahman was the owner of the building, he did not burn it for a lawful reason.  His reason for setting it on fire was to commit insurance fraud.

Offenses that are Related

Arson in the fifth degree: New York Penal Law § 150.01

Arson in the fourth degree: New York Penal Law § 150.05

Arson in the second degree: New York Penal Law § 150.15

Arson in the first degree: New York Penal Law § 150.20

Possible Defenses

A possible defense against a charge of arson in the third degree is that you did not intentionally set a fire, rather you lit it by accident. If the fire was truly an accident, then the prosecutor will have a hard time convicting you of arson in the third degree.

A possible alternative defense would be to demonstrate that you are the sole owner of the building and that you set the fire or caused an explosion for a lawful purpose as permitted under New York Penal Law § 150.10(2)(b).

The Sentence

Due to the fact that arson in the third degree is categorized as a class C felony, the maximum sentence you could face for this crime  is 15 years in prison.  There is a minimum sentence of 1 year for this offense. On top of that, the judge may additionally order you to pay a fine to the court and also pay monetary restitution to the victim.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us