ARSON—N.J.S.A. 2C:17-1
Arson NJ
if you’ve been charged with violation of 2C:17-1 (arson nj), if convicted, you have exposure for jail time up to 20 yeard on a 1st degree, 10 years on a 2nd degree and 5 years on a 3rd degree–monetary fines of up to $150,000.00 on a second degree, $15,000.00 on a 3rd degree, and a criminal record. I have been practicing criminal law for 26 plus years and have successfully handled arson case. Please contact me today at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation. arson nj
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES ARSON NJ:
You own and live in a two (2) bedroom condominium connected to other units ( in what used to called a “row house” type development). Over the last eighteen (18) months you have been on a downward spiral. You have lost your career as a school teacher, been convicted of a drug possession offense which would preclude you from ever working as a teacher again. You have become addicted to zanax, ran through all your savings and are about to be foreclosed upon. But you do have homeowners and fire insurance on the unit. You decide the only way out of this crisis is to burn down the unit to collect the insurance money. One day you deliberately start a fire in your kitchen so as to make it look like a malfunction with the stove. You pop three (3) zanax and exit the unit without alerting authorities or neighbors of the horrendous danger you have deliberately caused. Have you just committed a serious crime?
THE ACTUAL LAW….ARSON NJ
a. Aggravated arson. A person is guilty of aggravated arson, a crime of the second
degree, if he starts a fire or causes an explosion, whether on his own property or
on another’s:
(1) Thereby purposely or knowingly placing another person in danger of death or
bodily injury; or
(2) With the purpose of destroying a building or structure of another; or
(3) With the purpose of collecting insurance for the destruction or damage to
such property under circumstances which recklessly place any other person
in danger of death or bodily injury; or
(4) With purpose of destroying or damaging a structure in order to exempt the
structure, completely or partially, from the provisions of any State, county or
local zoning, planning or building law, regulation, ordinance or enactment under circumstances which recklessly place any other person in danger of
death or bodily injury; or
(5) With the purpose of destroying or damaging any forest.
b. “ Arson. A person is guilty of arson, a crime of the third degree, if he purposely
starts a fire or causes an explosion, whether on his own property or another’s:
(1) Thereby recklessly placing another person in danger of death or bodily injury;
Or
(2) Thereby recklessly placing a building or structure of another in danger of
damage or destruction; or
(3) With the purpose of collecting insurance for the destruction or damage to
such property; or
(4) With the purpose of destroying or damaging a structure in order to exempt
the structure, completely or partially, from the provisions of any State, county
or local zoning, planning or building law, regulation, ordinance or enactment; or
(5) Thereby recklessly placing a forest in danger of damage or destruction.
c. Failure to control or report dangerous fire. A person who knows that a fire is
endangering life or a substantial amount of property of another and either fails to
take reasonable measures to put out or control the fire, when he can do something without substantial risk to himself, or to give prompt fire alarm, commits a crime of the fourth degree if:
(1) He knows that he is under an official, contractual, or other legal duty to
prevent or combat the fire; or
(2) The fire was started, albeit lawfully, by him or with his assent, or on property
in his custody or control.
d. Any person who, directly or indirectly, pays or accepts or offers to pay or accept
any form of consideration including, but not limited to, money or any other
pecuniary benefit, regardless of whether any consideration is actually exchanged for
the purpose of starting a fire or causing an explosion in violation of this section
commits a crime of the first degree.
e. Notwithstanding the provisions of any section of this Title to the contrary, if a
person is convicted of aggravated arson pursuant to the provisions of subsection a.
of this section and the structure which was the target of the offense was a health
care facility or physician’s office, the sentence imposed shall include a term of
imprisonment. The court may not suspend or make any other noncustodial
disposition of a person sentenced pursuant to the provisions of this subsection.
f. Definitions. “Structure” is defined in section 2C:18-1. Property is that of another,
for the purpose of this section, if any one other than the actor has a possessory
or legal or equitable proprietary interest therein. Property is that of another for the
purpose of this section, if anyone other than the actor has a legal or equitable
interest in the property including, but not limited to, a mortgage, pledge, lien or
security interest therein. If a building or structure is divided into separately
occupied units, any unit not occupied by the actor is an occupied structure of
another…..As used in this section “forest” means and includes any forest, brush
land, grass land, salt marsh, wooded area and any combination thereof, included
but not limited to, an open space area, public lands, wetlands, park lands, natural
habitats, a State conservation area, a wildlife refuge area, or any other designated
undeveloped open space whether or not it is subject to specific protection under
law….As used in this section, “health care facility” means health care facility as
defined in section 2 of P.L.1971, c.136 (C.26:2H-2).
g. Notwithstanding the provisions of any section of this Title to the contrary, if a
person is convicted pursuant to the subsection of a., b., or d., of this section and
the structure which was the target of the offense was a church, synagogue, temple
or other place of worship, that person commits a crime of the first degree and the
sentence imposed shall include a term of imprisonment. The term of imprisonment
shall include a minimum term of fifteen years, during which the defendant shall
be ineligible for parole. The court may not suspend or make any other noncustodial
disposition of a person sentenced pursuant to the provisions of this subsection.”
The answer to the question is YES. If it can be shown that your state of mind at the time you set the fire was “purposeful” N.J.S.A. 2C:2-2(1), or “knowingly” N.J.S.A. 2C:2-2(2), you have committed at least a second degree aggravated arson. State v. Sean M. Daly, A-1422-07T41422-07T4, (App. Div. 2008).
Aggravated arson is an extremely serious offense. If convicted of a first degree aggravated arson, and in addition to monetary fines of up to $200,000.00, plus payment of restitution to the victim, the court must sentence you to jail time of not less than ten (10) years, nor more than twenty (20) years, presumptive fifteen (15) years (per count). N.J.S.A. 2C:43-3(a).
If convicted of a second degree aggravated arson, and in addition to monetary fines up to $150,000.00, payment of restitution to the victim, the court must sentence you to jail time of not less than five (5) years, nor more than ten (10) years, presumptive seven (7) years. N.J.S.A. 2C:43-3(a).
If you have been charged with aggravated arson or arson, you need to retain a skilled and experienced attorney to defend you immediately to attempt to obtain a downgrade in the charges or an acquittal. Please contact me for help at (732)-337-7922.
