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Failure to Control or Report a Fire
Failure to control or report a fire is an offense that arises on occasion in Middlesex County. This violation is set forth at N.J.S.A. 2C:17-1(c) and is the least severe arson related crime that an individual can be charged with in Spotswood, Plainsboro, Old Bridge, East Brunswick or another municipality in the region. Despite having this label, failure to control or report a fire is a felony crime that result in your being sent to state prison for over a year. For these reasons, it is certainly advisable for you to retain a competent criminal lawyer if you were charged or indicted for this offense. The defense lawyers in the New Brunswick Office of The Law Offices of Jonathan F. Marshall absolutely possess the qualifications to serve you in this role. We are former prosecutors, including from the Middlesex County Prosecutor’s Office with over a century of combined experience. For a free consultation with an attorney that has what you need in terms of skill, call 732-246-7126.
Failure to Control or Report a Fire Offense in Middlesex County
Failure to control or report a fire results in a fourth degree crime when certain elements of the offense are satisfied. The first thing that is required is that there be a fire that endangers the life or a substantial amount of property of another. The second thing that needs to exist is knowledge on the part of the defendant of the fire and the danger which it presents. Third, the accused must either fail to take reasonable measures to put out/control the fire or fail to sound an alarm when he had the ability to do so without substantial risk to himself. Assuming that all three of the aforesaid elements have been established, a violation is triggered if one of the following three elements exist: (1) the defendant had an official or contractual or other duty to prevent or combat the fire; (2) him or his agent started the fire; or (3) the fire is on property which is under the custody or control of the defendant.
Penalties for Failure to Control or Report a Fire in New Jersey
Failure to Control or Report a Dangerous Fire is a crime in the fourth degree. Fourth degree failure to report is punishable by up to eighteen (18) months in prison, up to a $10,000 fine, community service, and likely probation and/or parole. Unlike first degree arson (i.e. arson for hire) and second degree arson (i.e. aggravated arson), both of which require an individual to serve 85% of any prison term before they are eligible for parole under the No Early Release Act, this fourth degree offense carries no sentencing or parole restriction. In addition, there is no presumption of incarceration if someone it found guilty of this offense, in other words, it is not mandated that you go to jail.
Fourth Degree Failure to Control or Report a Fire Lawyers in New Brunswick NJ
Take a close look at the credentials of our firm in criminal defense. We doubt that you can find another law office with as many criminal attorneys under one roof in Middlesex County, let alone one with multiple former prosecutors on staff. At The Law Offices of Jonathan F. Marshall, we have assembled a team of lawyers that truly has impressive qualifications in this area of law. We also happen to defend failure to control or report a fire charges throughout Middlesex County including those originating in Dunellen, Woodbridge, Jameburg, South Amboy and Monroe Township. Give one of our offices a call so that a lawyer on our staff put all his knowledge to work for you.