Firefighters and Arson

[x648eng119 2]

While reading the latest article on the firefigher in Rockland being charged with 4th degree arson, I got to thinking. While 4th degree Arson is still a felony, it is not serious - I belive it is a class C felony, which would mean no less than 1 year in prison, no more than 10. I'm sure he won't go for 10 years. I was wondering if people thought that maybe if the charge is against a firefighter (volunteer or career) then the charge should automatically go up a degree. I think if maybe something like that could get passed - maybe a mandatory 10 year scentence or something - it might make the idea of arson that much less appealing to these firefighters. Please - share your opinions.

[x242Steve 1]

I think that is a valid idea.

If you have a Commercial Drivers License, you are expected to be a "professional" driver and therefore the fines for moving violations are higher.

So if you are a "sworn member" of a department whose goal is preventing fires, you should pay a higher price for setting them!

[Guest]

How many of us are actually sworn members? I'm curious as to how many people who join an EMS or Fire agency actually ever formally get sworn in or sign an agreement. It is a good idea increasing the puishment for a FF committing arson.

[Guest WolfEMT]

If you're any kind of public official (Fire, EMS, PD) and you're charged with arson, you should be charged in an aggravated state; that is, you should be charged with aggravated arson. As a public official, you possess certain tools, techniques, and knowledge; and just like an individual is charged with aggravated assault for using certain "tools" in the crime, most often a weapon of some kind, you're using the knowledge given to you through your training as a tool to commit a crime, therefore aggravating the charges. So, in this instance, Aggravated Arson 4 might be classified as a B felony instead of a C felony, thereby increasing the penalty.

[EJS1810 7]

In my department you are "Sworn In" to the Department stating that you will obey the laws of the State of New York and the By laws of the Mahopac Volunteer Fire Department. To me that means you know what Arson is and what happens if you commit it

[BFD1054 1,552]

EJS1810...Same in Buchanan, sworn-in at your first meeting. Its actually the first thing you do as a new member.

242Steve...you made a great point about the whole CDL driver status. I have a CDL and even if i am not driving a Commercial vehicle, my CDL can be tainted if i receive any summons. So i definately agree that if a FF is charged with arson, he/she should be charged at a higher degree. But as stated, this would be very hard to do.