Arson in New Jersey

Everyone has heard of the criminal offense of arson, which involves setting fire to something. However, New Jersey law defines the offense more specifically and categorizes it as either arson, aggravated arson, or arson-for-hire. The state also criminalizes the arson-related offense of failing to control or report a fire. There are differences between the offenses, and the penalties the state imposes also vary depending on the nature of the offenses.

If you have been charged with arson, aggravated arson, arson-for-hire, the failure to control or report a fire, or any other offense, the Lento Law Firm can help, regardless of your location in New Jersey. We serve all 21 counties in the state. We can even help if you are a college or university student. The Lento Law Firm Criminal Defense Team knows how to navigate New Jersey's court system and understand that everyone deserves justice, whether rightfully or wrongly accused of arson. Call us at 888-535-3686 to tell us about your case, or use this online form to get in touch with us.

U.S. Arson Data

According to the FBI, law enforcement agencies across the country reported over 33,000 incidents of arson in 2019. More than 42 percent of reported arson fires involved structures such as homes, storage facilities, and public buildings, while movable property counted for over 22 percent of arson fires. Other types of property, such as crops, timber, and fences, comprised over 35 percent of reported arson incidents, the bureau said.

The average monetary loss from an arson fire was over $16,000, according to the FBI. However, arson fires of industrial and manufacturing structures resulted in average losses of more than $190,000.

The bureau also said that in 2019, arson offenses decreased by almost five percent when compared to reported data from 2018.

Further, a global data and statistics company reports that in 2023 there were more than 34,000 reported arson fires, with structures involved in most of the incidents. The burned structures included homes, other residential units, commercial and public buildings, and storage facilities. Further, vehicle fires accounted for over 6,600 of the reported arson fires.

In addition, the Federal Emergency Management Agency says arson follows cooking as the leading cause of fires on college and university campuses. Over half of the arson fires on campus start as student pranks in the hallways of on-campus residences but quickly turn serious and potentially deadly. Anyone who causes an arson fire on campus can face expulsion from school as well as criminal charges.

What is Arson in New Jersey?

Under New Jersey's Code of Criminal Justice, someone is guilty of arson, a crime of the third degree, if they purposely set a fire or cause an explosion on their own property or on property belonging to another and:

  • Recklessly place another individual in danger of bodily injury or death;
  • Recklessly place another person's building or structure in danger of destruction or damage;
  • Do so to collect insurance money for the destruction or damage to the property;
  • Do so to destroy or damage a structure to exempt it from any state, county, or local zoning, planning, or building law, regulation, or ordinance; or
  • Recklessly place a forest in danger of destruction or damage.

Under New Jersey law, an individual is guilty of aggravated arson, an offense of the second degree, if they start a fire or cause an explosion on their own property or another's property and:

  • Purposely or knowingly place someone in danger of bodily injury or death;
  • Do so to destroy someone else's structure or building;
  • Do so to collect insurance for the damage or destruction to the property under circumstances that recklessly place another person in danger of bodily injury or death;
  • Do so to damage or destroy a structure to exempt it from any state, county, or local zoning, planning, or building law, regulation, or ordinance under circumstances that recklessly place another person in danger of bodily injury or death or
  • Do so to damage or destroy a forest.

Note that under New Jersey arson law, forest means any forest, brushland, grassland, salt marsh, and wooded area, including an open space area, public lands, wetlands, parklands, natural habitats, a state conservation area, and a wildlife refuge.

New Jersey also lists arson-related offenses in the criminal code, such as the failure to control or report a dangerous fire. Anyone who knows that a fire is endangering life or a substantial amount of another person's property and either fails to take reasonable measures to put out or control the fire without placing themselves at risk or to give a prompt fire alarm commits a crime of the fourth degree if:

  • They know they are under an official, contractual, or other legal duty to prevent or combat the fire; or
  • The fire was started lawfully, by them or by another with their consent, or on property in their custody or control.

It is also an offense to pay or accept, or offer to pay or accept, money or other pecuniary gain to start a fire or cause an explosion. In New Jersey, this offense, also known as arson-for-hire, is a crime of the first degree.

Penalties for Arson in New Jersey

New Jersey classifies offenses by degree for purposes of sentencing, with an offense of the first degree being the most serious. In general, a crime of the first degree carries a prison term between 10 and 20 years, while an offense of the second degree can result in a term of incarceration ranging between five and 10 years. An individual convicted of a crime of the third degree faces a prison term between three and five years, while a fourth-degree offense carries a term of up to 18 months in prison.

An individual who is convicted of aggravated arson for setting fire to a healthcare facility or a doctor's office must receive a prison term. New Jersey law does not allow the court to suspend a sentence or impose a non-custodial sentence in this situation. Further, when someone is convicted of arson, aggravated arson, or arson-for-hire, and the fire targeted a church, synagogue, temple, or other place of public worship, the offense is considered one of the first degree and carries a minimum of 15 years in prison. A defendant is not eligible for parole during this term of incarceration. New Jersey law does not allow a court to deviate from this sentence.

Courts can also impose fines for arson offenses. An offense of the first degree-carries a fine of up to $200,000, while a second-degree offense can result in a fine of up to $150,000. An offense of the third degree carries a fine of up to $15,000, and a fourth-degree offense may result in a fine of up to $10,000.

Defenses to Arson in New Jersey

There are defenses against arson and arson-related charges. New Jersey defines arson, aggravated arson, arson-for-hire, and other arson-related offenses with particularity. This means prosecutors must meet the legal parameters of the offense to convict someone. There are situations where the legal parameters are not met, and a charge cannot succeed. An arson charge requires proof that a defendant acted recklessly, and aggravated arson requires that a defendant acted knowingly and purposefully. There can be situations where the intent element of the offense is not satisfied, and a defendant will not be convicted as a result.

In addition, there are other defenses that a defendant can raise. There are times when the accused person has an alibi and was not present when the fire started. In addition, there are situations where the defendant took steps to put out the fire. Evidentiary issues can also arise, and there can be problems with witnesses, some of whom may be unreliable. Although these things sound simple, the legal defenses to arson and other arson-related offenses are complicated. That is why it is always best to have the Lento Law Firm at your side when you are facing a criminal charge in New Jersey.

Retain the Lento Law Firm if You Are Accused of Arson in New Jersey

If you are in New Jersey and facing charges of arson or an arson-related offense, you need to act quickly and hire the Lento Law Firm. The firm and its Criminal Defense Team know how to fight against charges involving arson. Experience matters and the Lento Law Firm's attorneys have the skills and knowledge you need. The attorneys will hear your side of the story, answer your questions, work with you to craft a defense, and strive to reach the best possible outcome. Everyone deserves justice, and the Lento Law Firm will make sure your rights are protected. We can help no matter where you are in New Jersey and even if you are a student on a college campus. From Monmouth to Newark to Red Bank to Toms River, the Lento Law Firm is the best choice for arson defense. Start your quest for justice by calling 888-535-3686 or use this online form to confidentially discuss your case.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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