Arson

Matthew Galluzzo has successfully represented several defendants charged with serious arson crimes in New York.

The Arson statutes of Article 150 of the Penal Law prohibit the reckless or intentional burning and/or explosive destruction of property without consent. There are five different degrees of Arson in the New York Penal Law, and they range from a Class A misdemeanor to a very serious A-I felony. The degree of the crime depends upon several factors including (among others): the intent of the arsonist, the extent of the damage caused by the fire or explosion, the type of incendiary device used, and whether anyone was harmed or placed at risk. Also, whereas misdemeanor arson applies to regular property, the felony arson statutes apply only to buildings (defined as structures, vehicles or watercrafts used for overnight lodging or used for carrying on business therein), and motor vehicles.

Key Penal Law Provisions:

• Arson in the fifth degree, PL 150.01, a class A misdemeanor
• Arson in the fourth degree, PL 150.05, a class E felony
• Arson in the third degree, PL 150.10, a class C felony
• Arson in the second degree, PL 150.15, a class B felony
• Arson in the first degree, 150.20, a class A-I felony

Previous Arson Case Results:

• Client arrested for allegedly being responsible for a huge construction-related fire at a 112-unit residential building in Queens (67 families had to be evacuated). Matthew Galluzzo conducted a thorough investigation of the fire and presented evidence and witnesses to the prosecutors, who ultimately dismissed the charges against his client altogether.
• Client arrested for starting a fire inside of a Manhattan church and indicted for Arson in the Second Degree. Matthew Galluzzo was able to successfully persuade prosecutors to allow the client into enter a drug rehabilitation program, after the prosecutors initially recommended a sentence of seven years or more in prison. Client also avoided immigration consequences.
• Client indicted for Arson in the Second Degree for allegedly setting fire to his restaurant (with residential apartments upstairs). Matthew Galluzzo persuaded prosecutor to allow client to plead to Arson in the Fourth Degree with a one year sentence after the prosecutor initially recommended a sentence of seven years on a plea to the top charge.
• Client indicted for Arson in the Second Degree for burning down a multi-unit brownstone residential building in Brooklyn. Matthew Galluzzo conclusively demonstrated that client had not intentionally set fire to the building, leading to dismissal of the most serious charges and a non-jail sentence for the client.