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This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.

Bergen County NJ Aggravated Arson Lawyers

Hackensack NJ Aggravated Arson Attorney

Aggravated arson is a second degree crime (felony) in New Jersey and if convicted an individual may face up to ten (10) years in state prison. The governing statute in New Jersey for aggravated arson is N.J.S.A. 2C:17-1a. An aggravated arson charge can occur from various circumstances as you will see below, however, the general theme that runs through each circumstance is that the fire threatened or caused, either death or bodily injury. If you or a loved one has been charged with aggravated arson, arson, burglary trespassing, stalking, aggravated assault in Bergen County, we can help. Our office has extensive experience representing clients charged with arson in courts like Mahwah, Lyndhurst, Paramus, Fair Lawn, Westwood, Saddle Brook and Teaneck. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including three former prosecutors. We have the experience required to handle this type of severe charge. Here is some important information with regards to the offense of N.J.S.A. 2c:17-1a.

Aggravated Arson Lawyers in Teaneck NJ: N.J.S.A. 2C:17-1a

Material Elements:  Before an individual can be convicted of aggravated arson the prosecution must prove at least three key elements beyond a reasonable doubt.
 
  1. The defendant either started a fire or caused an explosion &
  2. One of the next five circumstances occurred: 
    1. By causing the fire or explosion the defendant placed another person in danger of death or bodily injury & the defendant committed the said act either purposefully or knowingly; or
    2. The defendant burned a building or structure & the defendant committed the said act purposefully; or
    3. The defendant in starting the fire/causing the explosion did so with the purpose of collecting insurance; Or
    4. The defendant in starting the fire/causing the explosion did so 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” and in doing so the defendant placed another person in danger of death or bodily injury and that the defendant committed this act recklessly.
    5. The defendants starting of the fire/causing the explosion destroyed or damaged a forest & the defendant committed the said act purposefully.

 Grading & Applicable Penalties if Convicted: 

As stated above, aggravated arson is a crime of the second degree (felony).  A conviction for a second degree crime in New Jersey carries with it a presumption of incarceration and the said term can range from anywhere between five (5) to ten (10) years in state prison. In addition, aggravated arson falls under No Early Release Act (“N.E.R.A.”), which requires the defendant to serve at least 85% of their sentence before they can become eligible for parole. 

Potential Defenses: 

A common defense to an arson charge is that the Defendant committed the “arson” while they were intoxicated. Intoxication can be a defense under the New Jersey Criminal Code if the culpability required under the statute is “purposeful conduct”. If the defense is able to prove that the defendant was intoxicated at the time of setting the said fire or causing the explosion, the state will be unable to obtain a conviction for aggravated arson under any of the sections that require “purposeful conduct”.

Fort Lee NJ Aggravated Arson Attorneys

As you can tell from above, a conviction for an aggravated arson charge can have devastating effects on not only your life but on your loved ones as well. If you or someone you know has been charged with aggravated arson, we can help. If you have any further questions with regards to the offense of arson or aggravated arson please contact any one of our Bergen County offices for a free initial consultation.

Call Our Hackensack Office

Or contact our office online to schedule a free consultation to discuss your unique charges with one of our experienced and qualified attorneys.

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Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.