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If you’re facing arson charges or under investigation for arson, you need to get a lawyer right away. At Lustberg Law Offices, LLC, we know what it takes to handle these serious charges. We can review every detail of your case, dig into the evidence, and build a strong defense for you.
Arson charges are no joke. They can carry heavy penalties, including long prison sentences. You don’t want to face this alone. Our firm works hard to protect your freedom and fight for the most favorable outcome.
We can stand with you and give you clear advice on what steps to take next. Don’t wait. Call Lustberg Law Offices today so we can start working on your defense and help you move forward.
For a free consultation with a skilled criminal defense lawyer in New Jersey, call (201) 880-5311.
Arson isn’t just about setting fire to a building or structure for insurance money. This charge can also come into play if you deliberately burn or explode something that harms property or vehicles. If you’re not the owner of the property and you act recklessly, arson charges can still apply.
In New Jersey, arson charges fall into two main categories: Arson (a third-degree crime) and Aggravated Arson (a second-degree crime). Third-degree arson is the less severe charge, but it’s still serious, and you should know what actions could put you at risk:
Significant damage is not necessary for a charge to be filed. Third-degree arson can be punished by 3 to 5 years in prison.
At Lustberg Law Offices, LLC, attorney Adam M. Lustberg and our team of New Jersey arson defense attorneys can provide you with more information about your case and how you may be able to fight the charges against you.
Call us at (201) 880-5311 today to speak with our New Jersey criminal defense attorney, Adam M. Lustberg.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Adam M. Lustberg is a seasoned New Jersey criminal defense attorney who has dedicated his career to defending individuals facing serious criminal charges, including arson. A graduate of Seton Hall University School of Law, Mr. Lustberg began honing his advocacy skills early through internships with the Essex County Public Defender’s Office and Seton Hall’s Juvenile Justice Clinic. Since then, he has built a strong reputation for guiding clients through all phases of the criminal justice process, from pre-trial hearings to jury verdicts.
With over 14 years of experience, Mr. Lustberg has represented clients accused of a wide array of offenses, ranging from marijuana possession to homicide. His meticulous preparation, strategic negotiation, and aggressive courtroom advocacy have earned him consistent accolades, including a 10/10 Avvo rating and recognition from SuperLawyers and The National Trial Lawyers. Whether you’re facing an arson case or other serious criminal charges in New Jersey, Adam M. Lustberg brings a depth of knowledge, tenacity, and results-driven representation to the table.
The intention of the defendant is usually what makes the difference between aggravated or simple arson. An aggravated offense is with the purpose of causing injury by setting off an explosion or fire, or to damage a building, forest, or other structure. Simple arson is when you intentionally or recklessly endanger another person, or set fire to a building with the purpose of destroying it.
Certain facts can make the crime a first-degree offense. A crime of the first level is when you pay someone to set fire to something (arson-for-hire). It is also first-degree arson if the target structure was a house of worship. First-degree arson is punishable by 10 to 20 years in prison, with a mandatory term of parole ineligibility of 15 years when a house of worship is targeted.
If you are facing arson charges, our attorneys at Lustberg Law Offices, LLC may be able to help. Arson defense attorney Adam M. Lustberg has years of experience in criminal defense, providing seasoned, quality legal assistance to advocate for our clients’ rights.
To schedule a free consultation with a New Jersey criminal lawyer, contact us at (201) 880-5311.
New Jersey arson convictions can have different outcomes depending on the circumstances surrounding the case. In New Jersey, a person can suffer the following consequences if they commit arson:
New Jersey has a No Early Release Act (NERA) that requires a person convicted of first-degree or second-degree (aggravated) arson to serve 85% of their sentence before becoming eligible for parole. Our team of experienced criminal defense attorneys and legal professionals at Lustberg Law Offices, LLC can provide you with the legal advice necessary to help you receive a more favorable outcome.
When a firefighter gets hurt battling a blaze, the stakes of an arson case climb quickly. New Jersey’s arson statute says that if a firefighter or other emergency responder suffers serious bodily injury, the charge can be elevated to aggravated arson. This is typically a second-degree crime, a serious felony carrying a sentence of 5 to 10 years in state prison and heavy fines, plus a criminal record that follows you everywhere. You might also face having to pay restitution for medical bills and damaged gear used in the rescue.
Civil exposure is just as real. In 2007, the New Jersey Supreme Court scrapped the long-standing “firefighters’ rule,” clearing the way for injured first responders to sue the person who caused the fire. That lawsuit can add six-figure damages for pain, lost wages, and lifetime health care. Insurance often refuses to cover intentional acts, so the defendant may be on the hook personally.
You still have defenses. Maybe the fire was accidental, maybe someone else lit it, or maybe the injuries were not reasonably foreseeable. A seasoned New Jersey arson attorney can dig into witness statements, scene reports, and radio logs, poke holes in causation, and push back on sentence enhancements. The goal is to reduce the charge, beat the civil claim, or at least limit financial fallout.
If you are already under investigation, act now. Preserve phone records, collect photos, and stay silent until your lawyer is present. Quick legal help can keep a tragic accident from becoming a life-altering felony. Your future depends on swift action.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Arson can be brought against someone who intentionally sets fire to infrastructure or causes an explosion to one. This offense may be committed in many different ways. For example, recklessly lighting wildfires or trying to set fire to one’s property to get insurance. Arson is an act where someone intentionally burns down property or a building.
Arson is a crime and criminal intent requires that a person who negligently starts a fire does not necessarily have to face the crime of arson. If there is a lot of negligence, a prosecutor might have a different view of the facts. A party could be charged with arson if he causes the forest to catch fire by throwing a lit cigar into the brush.
There are many defenses that can be used to defend against a charge of arson depending on what happened and where it occurred. These defenses include:
At Lustberg Law Offices, LLC, our skilled New Jersey lawyer Adam M. Lustberg helps create a robust defense strategy, providing strong advocacy for the rights of clients against arson charges.
If you are facing criminal charges related to arson, contact us at (201) 880-5311 to schedule a free consultation.
Aggravated arson is charged when a person knowingly or purposely sets a fire for one of the following reasons:
Penalties for aggravated arson are 5 to 10 years in prison and up to $150,000 in fines for a second-degree offense. First-degree aggravated arson (such as arson-for-hire or houses of worship) is punishable by 10 to 20 years. Contact Lustberg Law Offices, LLC today to get more information about which type of arson you are being charged with.
| Reason | Description | Example |
|---|---|---|
| To expose someone to death or injury | Setting a fire with the intent of harming or endangering others | Setting fire to an occupied house |
| To destroy another’s building or structure | Targeting property that belongs to someone else | Burning down a competitor’s warehouse |
| To collect insurance and recklessly endanger others | Burning property to claim insurance, while endangering others | Setting fire to a shop with people inside |
| To evade building or zoning laws and endanger others | Destroying a structure to bypass regulations, while risking injury or death | Burning down a structure with workers inside |
| To purposely damage or destroy a forest | Setting a fire to intentionally harm forest land | Starting a wildfire to clear land |
New Jersey treats arson severely. If a judge or jury found you guilty of aggravated arson, third-degree arson, or any related offense under N.J.S.A. 2C:17-1, that conviction sits on a short list of offenses that cannot be expunged. Arson appears alongside murder and kidnapping in the permanent-record column, so expunging a conviction simply is not an option.
That rule covers adult convictions of every degree. However, there may be some options depending on the circumstances of the case. Were you arrested and the charge dismissed, diverted in Pre-Trial Intervention, or found not guilty? Those records can often be cleared, because the bar applies only to convictions.
You might ask, “What can I do if I cannot erase the conviction?” A skilled New Jersey arson defense lawyer can review the plea transcript, sentencing record, and police reports for grounds to reopen the case, vacate the plea, or seek a post-conviction remedy. Your attorney can petition for early parole termination, assemble a persuasive pardon application, and, just as important, explain your record to employers and licensing boards so one mistake does not define you. Even when the law blocks expungement, smart advocacy can still soften the long-term impact on your future.
The sooner you speak with counsel, the more options you keep. Bring every document, be honest about your goals, and let your lawyer tackle the paperwork while you focus on moving forward. Every day you wait is a day lost. Talk to someone who knows the courtroom and the record-clearing process today.
When a fire is investigated, many different facets are evaluated. An experienced arson attorney will be able to go through the evidence and retain a qualified professional to challenge the official findings. This can be essential to your defense and can lead to your acquittal or a reduction of your charge to a lesser offense.
Attorney Adam M. Lustberg and his law office team of legal professionals have experience handling arson cases. He may be able to help you with your case, too.
Call us today at (201) 880-5311 to schedule a consultation of your case with a skilled attorney for criminal defense.
