Legal Question in Criminal Law in New York

arson in the 3rd in ny

a owner of a properity is arrested for arson in the 3rd for so called telling someone he would pay them to burn down a barn, the witness say they heard him say it , but they all 3 set up to do the fire then 2 say they changed there minds but the third went to do it and got picked up for it because the other two turned the 3rd in after the fire. can the owner be charged the same as the person who started the fire? can the 3 who was going to start the fire statements be used to convict the owner if two are hear say form the 3rd?


Asked on 6/11/08, 3:19 am

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: arson in the 3rd in ny

First in a conspiracy the owner if he is guilty of conspiracy is as guilty as the guy who plans it and the guy who carries it out. The part they play may have some significance on the sentence but not on the charge.

As for use of the statemtents. The owner could not be found guilty on the strength of the statements of the co-conspirators alone. Hence if he says nothing to police or is not taped saying something and if he is not otherwise linked to the crime by physical evidence their words could not come out to hurt him.

Read more
Answered on 6/11/08, 10:14 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: arson in the 3rd in ny

It may be possible to charge the owner as a conspirator... you should consult an attorney on such a matter, however as all of the intricacies of the case may put a diffrent spin on things...

feel free to contact my office for a free phone consultation, at 212.709.8303

or listen to our podcasts at cgonzalezlawfirm.podbean.com

Read more
Answered on 6/11/08, 7:58 am


Related Questions & Answers

More Criminal Law questions and answers in New York