1. Arson defense attorney New York case background
Our arson defense attorney team was first contacted when the client became the subject of a multi-count investigation in New York.
The client had been living separately from a spouse following marital conflict, and tensions escalated on the night in question.
According to the complaint, the client forced entry into the spouse’s apartment building and attempted to ignite damage to the exterior door.
Initial allegations and investigative posture
Detectives alleged that the client damaged the door lock mechanism and then attempted to apply flame to the door surface using a lighter.
Although the flame self-extinguished quickly and caused minimal burn marking, investigators classified the conduct as an attempted arson offense.
Our arson defense attorney immediately reviewed the physical evidence and noted that burn patterns were inconsistent with sustained flame application, an issue that would become central in negotiations.
2. Arson defense attorney New York legal strategy
When representing a client accused of attempted arson in New York, the defense must analyze not only NY Penal Law §150.10 and §150.15, but also the sufficiency of evidence proving intent.
Our arson defense attorney focused on building a defense that challenged both the mental-state element and the factual theory of the alleged conduct.
Under New York law, arson requires proof of an intentional act to damage a building by starting a fire.
The client’s actions appeared more consistent with emotional impulsivity than deliberate arson intent.
Our arson defense attorney engaged a forensic psychologist who documented cognitive decline consistent with early-stage dementia.
These findings demonstrated that the client acted without the purposeful intent the statute requires.
Highlighting evidentiary weaknesses
The arson defense attorney team also emphasized that the door sustained only superficial charring, contradicting the prosecution’s early narrative of a meaningful attempt to ignite the structure.
Surveillance footage showed only a brief spark, not a sustained effort.
This discrepancy allowed us to challenge the allegation that the building or its occupants were ever placed at actual risk.
3. Arson defense attorney New York mitigation factors
Even when facts appear unfavorable, a skilled arson defense attorneycan present mitigation evidence demonstrating that the client is not a danger to the community.
In this case, several personal circumstances significantly influenced prosecutorial discretion.
The client was nearly 80 years old and had longstanding kidney-related health issues.
The dementia diagnosis further supported diminished capacity to appreciate the consequences of impulsive behavior.
Our arson defense attorney consolidated medical records, physician statements, and functional-ability assessments to show the incident stemmed from confusion rather than criminal malice.
Demonstrating absence of criminal history
A crucial component of the mitigation package was the client’s clean record.
With no prior arrests or history of violent behavior, the arson defense attorneyargued that this case was an isolated episode unlikely to recur.
Family members submitted statements promising supervision and support to prevent future incidents.
4. Arson defense attorney New York case resolution
After extensive dialogue between our arson defense attorneyand the assigned prosecutor, the State acknowledged the weaknesses in establishing intent under New York’s arson statutes.
Medical documentation, age-related incapacity, and lack of prior criminal behavior played a significant role in shaping the resolution.
Ultimately, the investigation concluded without the filing of arson charges.
The prosecutor exercised discretion and declined to proceed, taking into account the client’s medical profile and the absence of significant fire damage.
Through the intervention of our arson defense attorney, the client avoided felony charges, a criminal record, and potential incarceration.
25 Nov, 2025
