Lubiner Schmidt and Palumbo Home
HIGH QUALITY LEGAL
REPRESENTATION
Criminal Defense and Immigration
Attorneys Fighting for You
Arson
Arson is a very serious crime in New Jersey, governed by N.J.S.A 2C:17-1. It ranges from a third to a first degree crime which can lead to jail time and substantial fines. New Jersey law defines two categories of arson, aggravated arson and simple arson.
Aggravated ArsonA person is guilty of aggravated arson if he purposely starts a fire or explosion which purposely or knowingly places another in danger of death or bodily injury (pain, physical harm); purposely destroys a building of another; purposely destroys a building in order to collect insurance which recklessly puts another in danger of death or serious bodily injury; purposely destroys a building to exempt it from any State, county, or local law, regulation, or ordinance which recklessly puts another in danger of death or serious bodily injury; or purposely attempts to destroy or damage a forest. This is a second degree offense, punishable by 5 to 10 years in prison and fines up to $150,000.
Simple ArsonA person is guilty of simple arson if he purposely starts a fire or explosion which recklessly places another in danger of death or bodily injury; recklessly places a building of another in danger of damage or destruction; purposely destroys a building with the purpose of collecting insurance money; purposely destroys a building to exempt it from any State, county, or local law, regulation, or ordinance; or recklessly places a forest in danger of damage or destruction. This is a third degree crime, punishable by 3 to 5 years and up to $15,000 in fines.
Difference Between Aggravated and Simple ArsonThe difference between aggravated and simple arson is generally the intent of the defendant. If you start a fire or explosion with purpose of causing injury, or the purpose of destroying a building or forest and that recklessly endangers someone, you have committed aggravated arson. If you start a fire that recklessly endangers someone, or with the purpose of destroying a building but it does not endanger anyone, it is simple arson.
Certain facts can raise the level of the crime to a first degree crime. If you pay someone, or are paid to commit arson, the crime is elevated to a crime of the first degree. If the structure that was the object of the arson was a house of worship, the crime is one of the first degree, and carries with it minimum prison term of 15 years.
If you or a family member is facing charges of arson, please call the defense lawyers at LS&P Lawyers. We are available 24/7 for consultation.
