New York Arson Penalties (2026)

Arson and intentional fire-setting charges charges in New York: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing arson charges in New York, consult a licensed New York criminal defense attorney.

New York Arson Penalties

OffensePenalty
First OffenseClass E felony: up to 4 years (4th degree); Class A: up to life (1st)
Second OffensePersistent violent: mandatory enhanced

NY PL §150.05

Arson Statute of Limitations in New York

In New York, the statute of limitations for theft and property crimes is generally 5 years.

See all New York statutes of limitations →

Defending Against Arson Charges in New York

Common defenses in New York arson cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New York criminal defense attorney for advice.

Related New York Laws