Burlington County Arson Lawyer
Knowledgeable Arson Defense Attorney in Burlington County, NJ, John B. Brennan, Helps Clients Fight Criminal Charges
Being charged with arson is one of the most serious situations an individual can face in New Jersey’s criminal justice system. Arson is not only considered a property offense. It is categorized as a violent crime because it creates an extreme risk of injury or death, even when no one is ultimately harmed. You’re facing years in prison, staggering fines, and a permanent criminal record that follows you for the rest of your life, and you need a Burlington County arson lawyer who will fight for your best interests.
If you are under investigation for arson or have already been charged, contact The Law Office of John B. Brennan, where I provide free, confidential consultations. Get your questions answered by an experienced arson defense attorney in Burlington County, NJ, who brings more than 30 years of experience as both a former prosecutor and a criminal defense attorney to every case.
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What Constitutes Arson Under New Jersey Law?
New Jersey’s arson laws are governed by N.J.S.A. 2C:17-1, which recognizes several forms of arson based on the level of intent, the degree of risk involved, and the harm caused. Under this statute, you can be charged with arson if you purposely start a fire or cause an explosion—whether or not a structure ultimately burns—under circumstances that place people or property in danger.
The law focuses on your mental state and the risk your actions created. That means you can face an arson charge even if the fire caused minimal damage or was extinguished quickly, as long as prosecutors believe you acted purposely or recklessly in a way that could have endangered others.
Grades of Arson Offenses in New Jersey
Arson is categorized into several degrees depending on the conduct and the risk involved:
Fourth-Degree Reckless Arson
You may be charged with fourth-degree arson if you recklessly start a fire or cause an explosion that endangers:
- A building or structure
- Forest or public land
- Another person
Penalties include up to 18 months in prison and significant fines.
Third-Degree Arson
This applies when someone purposely starts a fire or causes an explosion that:
- Endangers another person
- Damages a building or structure
- Is intended to collect insurance money
A conviction carries 3 to 5 years in prison.
Second-Degree Aggravated Arson
You can be charged with aggravated arson if you purposely start a fire or cause an explosion with the purpose of destroying a building, or in a way that places emergency responders or civilians at significant risk.
A second-degree conviction carries 5 to 10 years in state prison.
First-Degree Aggravated Arson (Arson for Hire)
If someone pays you, or you pay another person, to set a fire, you can be charged with a first-degree felony, punishable by 10 to 20 years in prison and mandatory periods of parole ineligibility.
These penalties are often harsh, and the state takes arson crimes extremely seriously. To help you minimize the consequences of the charges against you, you need a dedicated advocate who understands the complexities of New Jersey’s arson laws and knows how prosecutors build these cases. As both a defense attorney and a former prosecutor, I know exactly what it takes to protect your rights and fight for your freedom.
Situations That Can Lead to Arson Charges in Burlington County, NJ
As a Burlington County arson lawyer, I frequently see clients charged with arson in a wide range of circumstances, including:
Intentionally Setting a Fire
This includes purposely igniting a structure, vehicle, field, or other property. Even burning one’s own property can be charged as arson if doing so places others in danger or is done for financial gain, such as attempting to collect insurance money.
Causing an Explosion
Using fireworks, accelerants, or homemade incendiary devices in a way that creates a fire hazard may lead to arson charges, especially if the explosion puts others at risk.
Recklessly Starting a Fire
Arson does not always require malicious intent. Acting recklessly, such as improperly discarding flammable materials, experimenting with explosives, or starting a fire without considering the risks, can result in charges if people or property are endangered.
Arson for Hire
Offering, accepting, or agreeing to compensation for intentionally setting a fire is considered an extremely serious offense, often charged as a first-degree crime.
Wildland or Forest Fires
Starting fires on public land or failing to follow controlled-burn regulations can lead to arson or related environmental crimes.
Prosecutors take these cases seriously because fires can escalate quickly and unpredictably, endangering first responders, neighbors, and communities.
Potential Penalties for an Arson Conviction
The consequences of an arson conviction go far beyond prison time. As a Burlington County arson lawyer, I help clients understand the full scope of what is at stake, including:
- Lengthy prison sentences
- Mandatory minimum periods of parole ineligibility
- Fines reaching tens of thousands of dollars
- Restitution for property damage
- Loss of employment or professional licenses
- Permanent criminal record
- Ineligibility for certain housing or financial aid programs
- Restrictions on firearm ownership
Beyond these penalties, you may face collateral consequences such as difficulty finding work, strained family relationships, and long-term loss of reputation within the community.
Help Defending Against Arson and Related Criminal Charges
Arson often does not stand alone. Prosecutors regularly file related charges, such as:
- Aggravated assault: If a firefighter, police officer, neighbor, or bystander is injured because of the fire or explosion, you may face aggravated assault charges, even if the injury was accidental.
- Criminal mischief: Damage to property that accompanies the fire may also result in additional charges.
- Insurance fraud: When prosecutors believe a fire was set to collect insurance money, insurance fraud charges are commonly added.
- Endangering the welfare of children: If a child was present or lived in the residence, this charge may apply regardless of whether the child was injured.
- Attempted murder: Intentional fires set in occupied buildings may lead to life-altering charges like attempted murder or felony murder.
This is why it is critical to contact a defense attorney immediately if you believe you are under investigation.
Developing a Strong Defense Against Arson Charges
As an arson defense attorney in Burlington County, NJ, I work to build a strategic, evidence-based defense designed to dismantle the prosecution’s case. Effective defenses may include:
- Challenging the origin and cause of the fire: Fire investigators can make mistakes. I evaluate whether the fire’s cause was improperly determined, whether the investigation relied on outdated or discredited forensic methods, or whether any electrical, mechanical, or accidental causes were overlooked.
- Disputing intent: Many arson charges hinge on proving the defendant acted purposely or recklessly. I work to show that the fire was accidental, there was no motive for intentional conduct, or the prosecution’s theory of intent is speculative or unsupported.
- Questioning the credibility of expert witnesses: Prosecutors often use specialized experts to build arson cases. I scrutinize their methodology, their credentials, and whether their conclusions are scientifically valid.
- Exposing flawed investigations: If investigators failed to preserve evidence, conducted an incomplete scene assessment, or relied on unreliable statements, those weaknesses can be used to challenge the charges.
- Highlighting constitutional violations: If law enforcement conducted an unlawful search, seizure, or interrogation, key evidence may be suppressed.
Prosecutors often rely heavily on expert testimony from fire investigators, forensic analysts, and insurance specialists. Having a defense attorney capable of challenging complex scientific and technical evidence, as well as law enforcement misconduct and prosecutorial overreach, can make all the difference in the outcome of your case.
The Outcomes an Arson Defense Attorney in Burlington County, NJ, May Be Able to Achieve for You
As a Burlington County arson lawyer, my goal is always to achieve the best possible result for you. Depending on the facts of your case, I may pursue:
- Dismissal of charges: When evidence is weak, flawed, or improperly obtained, it may be possible to get the case dropped entirely.
- Reduction of charges: Negotiating down from aggravated arson to a lesser offense can drastically reduce prison time and penalties.
- Favorable plea agreements: Sometimes, resolutions achieved out of court can be to your advantage, securing outcomes like probation, reduced sentences, or alternatives to incarceration.
- Not-guilty verdicts at trial: If the case goes to court, I present a forceful defense supported by expert testimony, forensic analysis, and rigorous cross-examination.
With the right strategy, an arson case does not have to determine your future. As your arson defense attorney, I will work relentlessly to secure the best possible outcome.
Get Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 856-446-5123 To Receive Your Free Case Evaluation.
How The Law Office of John B. Brennan Can Help Minimize the Serious Consequences of an Arson Charge
When you hire me, you are getting more than a defense attorney. You are getting a former prosecutor who understands exactly how the state evaluates and prosecutes arson allegations. I use that insight to anticipate the prosecution’s strategy and stay several steps ahead.
I will:
- Conduct an independent investigation into the fire
- Consult with leading fire-science experts
- Challenge any weaknesses in the prosecution’s evidence
- Ensure your constitutional rights are fully protected
- Keep you informed and involved in every decision
When your future is at stake, you deserve an effective arson defense carefully crafted specifically for your situation by an attorney in Burlington County, NJ, with the experience, knowledge, and determination to fight aggressively on your behalf.
Why Choose The Law Office of John B. Brennan as Your Burlington County Arson Lawyer?
When you’re facing an arson charge, experience, strategy, and dedication matter. At The Law Office of John B. Brennan, I bring the knowledge of a former prosecutor, the courtroom skill of a Certified Criminal Trial Attorney, and the unwavering commitment needed to protect your future. Find out why clients trust The Law Office of John B. Brennan when everything is on the line.
The Legal Knowledge to Scrutinize Evidence and Expert Opinions
With more than three decades of experience in criminal law, I know how to analyze forensic reports, fire-scene investigations, and expert testimony with a critical eye. I identify weaknesses, inconsistencies, and flawed assumptions in the state’s evidence. My legal knowledge allows me to challenge improper procedures and expose investigative errors that may benefit your defense.
Dedication and Hard Work That Make a Difference
I approach every case with the commitment and determination it deserves. From the moment you hire me, I conduct a thorough investigation, stay in constant communication, and work tirelessly to build the strongest possible defense. My hands-on approach ensures that no detail is overlooked when your freedom and future are at stake.
Trial-Ready Representation from a Certified Criminal Trial Attorney and Former Prosecutor
As one of the few Certified Criminal Trial Attorneys in New Jersey, I bring a level of courtroom skill and experience that many attorneys simply cannot match. My background as a former prosecutor gives me unique insight into how the state prepares arson cases and, more importantly, how to break them apart. Whether negotiating with prosecutors or presenting your case before a jury, I am fully prepared to fight for you at every stage.
Contact The Law Office of John B. Brennan Today for a Free Case Evaluation About Defending Against Arson Charges
Arson allegations alone can disrupt your life. Employers, landlords, and even family members may react strongly to the accusation, and you could face high fines and lengthy prison sentences. The stakes are high, and law enforcement agencies aggressively pursue these cases due to the inherent danger fires present.
I know how overwhelming and stressful an arson charge can be, which is why I offer a free, confidential consultation. This gives you the opportunity to discuss your case, understand your options, and get honest guidance without any pressure. When your future is at stake, you deserve clear answers from a trusted legal professional.
For help fighting back against arson charges in Burlington County or elsewhere in South Jersey, contact The Law Office of John B. Brennan online or call 856-446-5123 today.
Frequently Asked Questions About Arson Crimes in Burlington County and Throughout South Jersey
In New Jersey, arson charges vary based on intent, the level of risk, and whether anyone was harmed. Common types include fourth-degree reckless arson, third-degree arson, second-degree aggravated arson, and first-degree arson for hire. Reckless arson involves unintentionally starting a fire that endangers people or property. Intentional acts, such as setting fire to a structure, a vehicle, or a woodland area, can result in more serious charges. Attempting to burn your own property for insurance purposes can also lead to significant criminal liability.
Prosecutors frequently file related offenses along with arson, especially when injuries or significant damage occur. You may also face charges for aggravated assault, criminal mischief, insurance fraud, or endangering the welfare of children, depending on the circumstances. Because the classifications carry different penalties and require different levels of proof, it’s crucial to consult with a criminal defense attorney who can explain the charges and begin building an appropriate strategy.
The primary difference between simple arson and aggravated arson lies in the level of intent and the degree of risk posed to others. Simple arson typically involves intentionally or recklessly starting a fire that damages property or endangers people. While still a serious offense, simple arson may be charged as a third-degree crime depending on the circumstances. The focus is usually on the defendant’s purpose in starting the fire and the extent of property damage.
Aggravated arson, on the other hand, involves purposely starting a fire with the intent to destroy a building or with knowledge that people are inside or nearby. It also includes situations where a fire creates a substantial risk of severe injury to emergency responders or civilians. Arson for hire, where a person is paid or pays another to set a fire, is considered first-degree aggravated arson. These enhanced charges carry significantly harsher penalties because of the heightened danger involved.
The best defense for an arson charge depends on the specific facts of the case, but one of the most effective strategies is challenging the origin and cause of the fire. Fire investigations can be flawed, and conclusions may be based on outdated or unreliable forensic techniques. Demonstrating that the fire was accidental, electrical, or otherwise unrelated to intentional conduct can significantly undermine the prosecution’s case. Questioning expert testimony and exposing inconsistencies in investigative procedures can also be powerful defenses.
Another strong approach is disputing the defendant’s intent or motive. Arson charges often require prosecutors to prove that the accused acted purposefully or recklessly, and demonstrating that a defendant had no reason to start the fire can cast doubt on the state’s theory. Additionally, constitutional challenges, such as unlawful searches, improper interrogations, or mishandled evidence, can lead to key evidence being suppressed. A skilled defense attorney will evaluate every angle to determine the strategy most likely to achieve a favorable outcome.
Sentencing in New Jersey depends on the degree of the arson charge. Fourth-degree arson, generally the least serious type, carries up to 18 months in prison. Third-degree arson is punishable by 3 to 5 years, while second-degree aggravated arson carries a potential sentence of 5 to 10 years. The most severe arson offense, first-degree arson for hire, can result in a mandatory sentence ranging from 10 to 20 years in state prison, often with a period of parole ineligibility.
Judges also consider aggravating and mitigating factors, the presence of injuries, the defendant’s criminal history, and whether the fire endangered first responders or children. Beyond incarceration, defendants may face fines, restitution, probation, and long-term consequences tied to having a felony record. Because the penalties are so serious and the impact so long-lasting, anyone charged with arson should seek experienced legal representation immediately to protect their rights and pursue the best possible outcome.