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Monmouth County · New Jersey

Arson

Monmouth County Arson Defense Lawyers

Criminal Defense Attorneys for Clients Facing Arson Charges in Southern New Jersey

Charged with Arson in Monmouth County NJBeing charged with a criminal offense in New Jersey is a very serious matter that requires dedicated legal counsel. Arson, in particular, is a criminal charge for which you need the skilled representation of an experienced criminal defense attorney who can counter the strength of the prosecution’s case against you. Unfortunately, arson is not an uncommon event in New Jersey and takes many forms. In August 2023, two families narrowly escaped harm and lost much or all of their properties when a Little Egg Harbor man set fire to one house, which spread next door to a home where two children slept. All were fortunately safe, though one house was completely destroyed and the other severely damaged. In July, a Pennsylvania resident was arrested for allegedly setting fire to a truck at a dealership on Route 64 in New Jersey, which destroyed one vehicle and damaged eight others.

If you have been charged with any form of arson outlined in New Jersey Statutes section N.J.S.A. 2C:17-1 in Holmdel, Neptune, Middletown, Red Bank, Freehold, Asbury Park, Tinton Falls, Lincroft, Monmouth County, or Ocean County, contact our team at Chamlin, Uliano & Walsh today to schedule a confidential consultation regarding your case. Call our criminal defense lawyers at (732) 440-3950 or reach us through our case evaluation request form.

Definition of Arson According to the Law in New Jersey

Under New Jersey law, arson is defined as purposely setting fire to someone’s property, including your own or another’s. ‘Property’ includes a house, private building or commercial business, automobile, or part of their property that does not include constructions such as grassy or forested areas. All acts of arson constitute criminal activity. Under N.J.S.A. 2C:17-1, there are four criminal types of arson:

  • Aggravated arson: Aggravated arson implies intent or outlines the extent to which one’s recklessness placed others in physical harm. Under N.J.S.A. 2C:17-1(a), aggravated arson is the act of setting fire to or inciting an explosion on one’s own or another’s property for the following purposes:
    • placing someone in physical danger
    • causing destruction to property
    • collecting insurance, while recklessly placing others in physical danger by doing so
    • erasing the property from existence for purposes of local zoning laws, etc, while recklessly placing others in physical danger by doing so
    • damaging a forested area
  • Arson: J.S.A. 2C:17-1(b) defines arson as purposefully causing a fire or explosion on one’s own or another’s property, and by doing so
    • recklessly endangering another’s physical body to injury or death
    • recklessly endangering another’s property – building or structure – to damage or destruction
    • recklessly endangering forested land
    • conducting such acts in order to collect insurance from the property’s damage
    • conducting such acts in order to erase the property from existence for purposes of local zoning laws, etc.
  • Failure to control or report a dangerous fire: N.J.S.A. 2C:17-1(c) defines this criminal charge as the failure to properly attempt to put out a fire that creates harm to life or substantial property if doing so would not have put that individual in harm’s way, or failure to promptly notify officials of the fire danger, if one of the following is true:
    • the individual is contractually or legally responsible for preventing or combatting fire
    • the individual lawfully started the fire or gave permission to do so on their own property
  • Payment or receipt of payment to commit an act of arson: N.J.S.A. 2C:17-1(d) outlines the charge of hired arson as the act of paying or receiving payment in monetary or other form in exchange for starting a fire or causing an explosion in the above ways.

Potential Consequences of Being Charged with Arson in NJ

Aggravated arson is a second degree charge, carrying with it the potential for up to 10 years in prison and up to $150,000 in fines. Arson is a third degree charge, carrying a potential 5 years in prison and as much as $15,000 in fines. Failure to prevent, combat, or alert to a fire is a fourth degree charge, carrying a penalty of up to a year and a half in prison and fines of $10,000. Hired arson is a first degree charge that could lead to up to 20 years in prison and $200,000 in fines

Possible Penalties for Different Types of Arson in NJContact Our Asbury Park Arson Defense Attorneys

Those arrested on arson charges face severe punishment if proven, ranging from fourth degree to first degree penalties. Having the experienced guidance and unwavering fight for your rights by a criminal defense attorney is necessary for defending against this charge, as a conviction can spell disastrous ramifications. In order to prove arson, a prosecutor must show that the defendant displayed general intent. This means that the individual was purposeful in their actions, knew what they were doing and had planned, and did not face coercion. A skilled arson defense attorney can help the defendant build a strong defense against such arguments.

Our criminal defense team at Chamlin, Uliano & Walsh has spent over fifty years representing clients in Long Branch, Belmar, Manasquan, Little Silver, Howell, Rumson, Eatontown, Monmouth County, and Southern New Jersey in their successful defense against some of the most serious crimes under the NJ Criminal Code of Justice. Contact us today at (732) 440-3950 for an initial consultation to learn more about how we can step in to protect your innocence when the state has filed serious arson charges against you.