Criminal Defense Lawyers

Is Arson a Felony in New York?

Last Updated on: 18th February 2025, 12:47 am

Is Arson a Felony in New York?
By Spodek Law Group – 50+ Years of Combined Experience Defending Clients Nationwide

If you’re on this page, chances are you’ve either been accused of—or are anxiously anticipating charges related to—arson in New York. Any time the words “arson” and “felony” appear in the same breath, alarm bells start ringing. You might feel isolated, terrified of the potential penalties, and consumed by the thought of how a serious criminal charge could derail your life. Here at Spodek Law Group, we fully understand the weight of that fear; our mission is to guide you through this crisis, protect your constitutional rights, and ultimately safeguard your future. With over 50 years of combined experience in state and federal criminal defense, and extensive media recognition (including coverage on Netflix and major news outlets), we know how to take on complex cases—even high-profile ones that catch the public eye.

Understanding the Legal Framework: Arson Degrees and Felony Charges

New York recognizes several degrees of arson under New York Penal Law §§ 150.00-150.20, which vary based on factors like intent, the extent of damage, whether people were present or injured, and whether the act was reckless or intentional. Even at the lower end, these charges can be extremely serious:

• Arson in the Fourth Degree (NY Penal Law § 150.05): Involves recklessly damaging property by fire or explosion. While this can sometimes be charged as a Class E felony, the repercussions can still be life-changing—especially if the prosecution claims you acted with a reckless disregard for the safety of others.
• Arson in the Second Degree (NY Penal Law § 150.15): If someone else was present in the building you allegedly set on fire, or you had intent to injure or defraud, the situation escalates. This is a Class B felony, carrying up to 25 years in state prison.
• Arson in the First Degree (NY Penal Law § 150.20): This covers the most egregious circumstances—e.g., using explosives, causing serious injury, or setting fires with a particularly depraved indifference to human life. It’s a Class A-I felony, meaning a conviction can lead to a sentence of up to life in prison.

The short answer to the question “Is arson a felony in New York?” is yes—almost always. In fact, some lower-level arson charges (like arson in the fifth degree) may be prosecuted as misdemeanors, but once there’s a hint of intent or a notable risk to human life, prosecutors tend to seek felony indictments. That’s why it’s crucial to hire a skilled New York criminal defense attorney the moment arson allegations land on your doorstep.

The Collision of State and Federal Jurisdiction

When Does Arson Become a Federal Offense?

Although arson is commonly prosecuted in state courts, there are instances where the federal government assumes jurisdiction. If the property burned was federally owned or managed, if the fire involved interstate commerce, or if there’s any suspicion the case crosses state lines, then you might face charges under 18 U.S.C. § 81 or related statutes. Additionally, federal prosecutors may get involved under 18 U.S.C. § 844, which addresses malicious destruction by fire affecting interstate or foreign commerce. It’s not unusual for the Department of Justice, working through agencies like the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), to investigate such cases and pursue harsh penalties.

Sentencing Guidelines and Mandatory Minimums

If charged under federal law, you could face federal sentencing guidelines that include mandatory minimum prison time. Unlike state sentencing, which can be influenced by plea deals and judicial discretion, federal judges are bound by stricter sentencing frameworks. For example, if someone suffers physical harm in a federal arson case, sentencing enhancements often apply, driving prison terms even higher. Facing that kind of prosecutorial firepower alone is daunting, which underscores why you need an equally formidable defense team.

The Double Jeopardy Question

Clients often worry about double jeopardy—being tried twice for the same offense. Under the Fifth Amendment, you cannot be tried twice by the same sovereign. However, a state arson trial and a federal arson trial are two separate jurisdictions, meaning an acquittal in New York court does not necessarily bar the federal government from prosecuting you on federal statutes. Rest assured, our lawyers fight tooth and nail to prevent duplicative prosecutions, and we ensure you’re not steamrolled by overzealous tactics at either level.

Building a Strong Defense: Strategies and Real-World Scenarios

We believe arson charges require a meticulous, case-specific approach—no shortcuts, no assumptions. Every defendant’s situation is different, and our job is to craft a tailored, effective strategy that reflects the nuances of your personal story and the specific charges you face.

1. Challenging Intent (or Showing Accident)
   • Scenario: You’re a small-business owner in Brooklyn who keeps flammable chemicals in the back. One night, a poorly maintained electrical panel sparks, igniting a fire that quickly spreads. Investigators jump to the conclusion you orchestrated this for an insurance payout.
   • Defense Approach: Our attorneys will review building codes, check electrical logs, interview eyewitnesses, and consult with independent fire experts. If we can show you lacked any deliberate plan—i.e., that the fire was purely accidental—your case can unravel for the prosecution.
2. Mistaken Identity and Eyewitness Confusion
   • Scenario: A bystander swears they saw you running from a burning car in Queens, but you were never there. Under high-stress conditions, eyewitnesses often misidentify suspects—particularly in chaotic fire scenes.
   • Defense Approach: We aggressively question the integrity of the eyewitness process. We investigate lineups, cross-examine witnesses for inconsistencies, review CCTV footage from local businesses, and analyze phone geolocation data to prove you were elsewhere.
3. Insurance Fraud Allegations
   • Scenario: The insurer points fingers, claiming you’re behind the blaze that destroyed your Manhattan condo. The police emphasize your supposedly dire financial situation.
   • Defense Approach: We scrutinize every penny in your bank and business accounts, consult forensic accountants, and examine potential alternative causes, such as malfunctioning appliances or building code violations. Just because someone suspects insurance fraud doesn’t mean there’s proof of criminal intent.
4. Constitutional Violations (Illegal Search and Seizure)
   • Scenario: Police enter your Bronx warehouse without a valid warrant or any exigent circumstances, seizing alleged “fire-setting paraphernalia.”
   • Defense Approach: We file a motion to suppress evidence if law enforcement violated your Fourth Amendment rights. If the court deems that evidence inadmissible, the prosecution’s case may crumble in its entirety.
5. Self-Defense or Necessity
   • Scenario: You set a small fire in your garage to deter an intruder threatening violence, never intending to cause structural damage.
   • Defense Approach: We demonstrate the necessity of your actions under duress. If you can show it was the only viable option to prevent more significant harm, prosecutors might drop charges or reduce them to a lesser offense.
6. Diminished Capacity, Mental Health, or Lack of Voluntary Act
   • Scenario: You were undergoing a severe psychotic episode or grappling with a mental health crisis, incapable of fully understanding the consequences of igniting a fire.
   • Defense Approach: We collaborate with respected mental health professionals to demonstrate the absence of criminal intent, or your inability to control your conduct. This may lead to a reduction in charges or an acquittal based on an insanity or diminished capacity defense.
7. Negotiated Plea Deals
   • Scenario: The prosecution’s evidence is strong, and a jury trial might result in a long prison sentence if convicted. You’re also juggling a family who depends on you, making a potential worst-case scenario unacceptable.
   • Defense Approach: Our lawyers attempt to negotiate lesser charges or alternative sentencing (like probation or a Class E felony instead of a Class B felony). We focus on presenting your personal background, community ties, and compelling mitigating factors to secure the best possible outcome.

Potential Penalties for a Felony Arson Conviction

If convicted of arson in the second degree (a Class B felony), for instance, you could face up to 25 years in prison. If convicted of first-degree arson (a Class A-I felony), the sentence can be 15-to-life or more, depending on the severity and whether there were aggravating factors like injuries or a pattern of criminal conduct. Financial fines can be staggering, potentially running into the tens or even hundreds of thousands of dollars.

Federal penalties mirror—or exceed—these harsh sanctions. The U.S. Sentencing Guidelines layer additional enhancements for factors like bodily harm, extensive property damage, or involvement of hazardous materials. Moreover, convictions often lead to permanent marks on your criminal record, impacting your employment prospects, immigration status, gun rights, and more.

Why Spodek Law Group is the Right Choice for NYC Arson Defenses

A Legacy of Success

As a second-generation law firm, Spodek Law Group inherits a deep commitment to zealous criminal defense. Our managing attorney, Todd Spodek, is renowned for his creative litigation strategies, media appearances, and unwavering dedication to his clients. We’ve earned the trust of countless New Yorkers—and clients nationwide—by repeatedly securing dismissals, acquittals, and favorable plea deals in cases that once seemed unwinnable.

Coast-to-Coast Capability

Arson allegations can sometimes cross jurisdictional boundaries—or even states. Our firm operates as a true coast-to-coast criminal defense team, with multiple offices spanning from Long Island to Los Angeles. Whether you’re indicted in a Manhattan state court, or facing federal charges in Brooklyn’s Eastern District, you’ll have the strength and depth of our entire network behind you.

Cutting-Edge Online Portal

Your life doesn’t come to a halt just because you’re facing serious charges. With our 100% virtual portal, you can upload documents, track billing, and communicate with your legal team securely—even if you’re on the other side of the country. This technology means you get real-time access to your case developments and immediate support whenever you need answers.

24/7 Accessibility

Legal emergencies seldom happen during business hours. Our attorneys and support staff are on call around the clock to answer your questions, arrange meetings, and guide you through crucial decisions. We understand your anxiety doesn’t end at 5 p.m.—and we remain available to help you navigate these choppy waters.

Taking the First Step Toward Your Defense

If you’re being investigated for, or charged with, felony arson in New York, it’s imperative to act quickly. The prosecution is already building a case against you, possibly in coordination with federal agencies if they see fit. Every moment you wait is a moment they can gather evidence, line up witnesses, and shape a narrative that might not reflect who you are—or what truly happened.

Free Initial Consultation

Our process begins with a risk-free consultation, available over the phone or in person. We’ll walk through the details of your case, evaluate possible strategies, and give an honest assessment of your situation. You’ll also have a chance to ask us any questions—no matter how long it takes—to ensure you feel informed and confident about your next steps.

Partnership and Trust

When you choose Spodek Law Group, you’re not just hiring lawyers—you’re engaging a dedicated team who care about your story, your well-being, and your future. Our attorneys maintain transparency in all billing, keep you in the loop at every stage of the proceedings, and strive to reduce the anxiety that naturally accompanies felony allegations.

Contact Spodek Law Group Today

Felony arson charges can radically alter the trajectory of your life if handled poorly. But with the right legal advocacy, you can seize control of the narrative, challenge the prosecution’s assumptions, and seek the best possible result—be it dismissal, reduced charges, or a favorable plea. Trust our experience, our devotion, and our record of success. Call or email us 24/7 to set up your consultation. You deserve a formidable criminal defense team in your corner, and we stand ready to fight for you every step of the way.