PL 150.20 · Article 150
Arson in the First Degree
This offense requires intentional fire or explosion damage to a building or motor vehicle, the additional aggravating circumstances specified in the statute, and a nonparticipant’s presence. Knowledge of that presence or circumstances making it reasonably possible are also required.
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Text us immediately · (845) 290-2492Definition under New York law
PL 150.20 · Original statutory wording; excerpts must be read together with the full section.
§ 150.20 Arson in the first degree. 1. A person is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an explosion or a fire and when (a) such explosion or fire is caused by an incendiary device propelled, thrown or placed inside or near such building or motor vehicle; or when such explosion or fire is caused by an explosive; or when such explosion or fire either (i) causes serious physical injury to another person other than a participant, or (ii) the explosion or fire was caused with the expectation or receipt of financial advantage or pecuniary profit by the actor; and when (b) another person who is not a participant in the crime is present in such building or motor vehicle at the time; and (c) the defendant knows that fact or the circumstances are such as to render the presence of such person therein a reasonable possibility. 2. As used in this section, "incendiary device" means a breakable container designed to explode or produce uncontained combustion upon impact, containing flammable liquid and having a wick or a similar device capable of being ignited. Arson in the first degree is a class A-I felony.Read the full section at the New York State SenateIn everyday language
This offense requires intentional fire or explosion damage to a building or motor vehicle, the additional aggravating circumstances specified in the statute, and a nonparticipant’s presence. Knowledge of that presence or circumstances making it reasonably possible are also required.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The applicable alternative and each requirement are set out in the statutory definition above. Counsel must identify the subsection actually charged and compare every requirement with the evidence.
Defenses that commonly apply
- The statutory aggravating circumstance or the nonparticipant's presence cannot be proved.
- You did not know of the person's presence and the circumstances did not make it a reasonable possibility.
- The fire was not intentionally started.
- The structure does not meet the statutory definition of a building.
Penalties and collateral consequences
A Class A-I Felony carries a maximum sentence of up to life and a fine of up to $5,000.
Common questions about your defense
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.