Practice Area
Arson Charge Defense Lawyers
Arson Defenses – Penal Code Section 451
Defendant Lacked the Requisite Intent to Commit Arson
Under California Arson law, the defendant must have entered set the fire willfully and maliciously. In order to be convicted the prosecutor must prove the defendant’s requisite intent to set the fire.
Often whether an accused is found guilty or not guilty of arson will depend upon the issue of the defendant’s “specific intent.” This means that the freedom of our clients often depends upon the “circumstantial” evidence we are able to present to show that our client did not act willfully or maliciously in violation of Penal Code Section 451.
The Defendant Caused the Fire, but it was an Accident
If the fire was a result of an accident, then the defendant cannot be convicted of felony arson. In fact if we can establish that the fire was the result of an accident then this can result in our client being acquitted or the charges dismissed.
If it can be shown that the fire was started “accidentally” then in order for the accused to be found guilty of misdemeanor arson the prosecution must show each of the following:
- That the accused was aware that his or her actions presented a substantial and unjustifiable risk of causing a fire;
- That the defendant ignored that risk; and
- That ignoring the risk was a gross deviation from what a reasonable person would have done in the same situation.
Intoxication May be a Defense to Arson
Intoxication may be a viable defense to Arson under California Penal Code Section 451, but not a defense to misdemeanor arson. The defendant may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent.
