Courts we serve

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.

Arson Lawyers in Hackensack NJ

Elmwood Park NJ Arson Attorneys

An arson charge in Bergen County can arise out of countless scenarios, including something that started out as an innocent prank. What started out as just stupid prank can quickly turn into a nightmare if you or a loved one is charged with arson.  Arson is a very serious charge in New Jersey and the applicable penalties for anyone convicted of arson can be devastating not only on your life but your loved ones as well. A defendant charged with arson might also find themselves facing burglary, criminal mischief, trespassing or disorderly conduct charges as well. The governing statute in New Jersey for the offense of arson is N.J.S.A. 2C:17-1. Arson can be a very difficult charge to prove, therefore, it is imperative that you speak to an experienced criminal defense firm about protecting your interests before you give any type of statement to law enforcement. The Law Offices of Marshall, Bonus, Proetta & Oliver has over 100 years of combined experience on staff, including four former prosecutors. Listed below is some of the pertinent information about the offense of arson.

Arson Attorneys in East Rutherford NJ: N.J.S.A. 2C:17-1

The State must prove at least three material elements:

  1. That the defendant started a fire or explosion;
  2. It was defendant’s purpose to start a fire or explosion; &
  3. One of the next five alternatives occurred:
    1. The defendant placed an individual, besides himself, in “danger of death or bodily injury” and he/she acted with a “conscious disregard of the substantial and unjustifiable risk of this danger” {i.e Recklessly} OR
    2. The defendant placed a building in “danger of damage or destruction” and he/she acted with a “conscious disregard of the substantial and unjustifiable risk of that danger {i.e Recklessly}; OR
    3. The defendants purpose in committing the said arson was to collect insurance for the destruction or damage to the property in question; OR
    4. The defendants purpose was to destroy or damage 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. The defendant acted recklessly in starting the fire or explosion that placed a forest in danger of damage or destruction.

Grading of the Offense & Applicable Penalties:

Typically, arson is a crime of the third degree {felony}. However, the legislatures have also included two other separate arson offenses; aggravated arson, which is a crime of the second degree and arson for consideration, which is a crime of the  first degree.

As stated above, arson is typically a third degree crime. A third degree crime in New Jersey carries with it a non-presumption of incarceration, however, that presumption may be overcome and if it is a defendant may face up to five (5) years in a New Jersey State Prison. Normally, an individual charged with arson would not be entitled to Pre-Trial Intervention (“PTI”), which is a diversionary program in New Jersey. However, that restriction has been relaxed over the years and if you are able to enter the PTI program you will have the opportunity to walk away from the charges without a record.

Mahwah NJ Arson Lawyer

The Law Offices of Marshall, Bonus, Proetta & Oliver has been representing individuals charged with arson throughout Bergen County, including towns like Bergenfield, Saddle Brook, Fair Lawn, Ramsey and Cliffside Park for over fifteen years. If you have any further questions with regards to the offense of 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.

Schedule a free consultation

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.