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California Arson Defense Lawyers
Arson Overview – Penal Code Section 451
In California, arson is the willful and malicious burning of a structure, forest or land. In many arson cases our law firm can successfully defend the case by being able to show that the defendant did not act maliciously or willfully to set the fire. The start of many fires can be disputed and often can be caused by neglectful actions or by pure accident.
Wallin & Klarich is an experienced criminal defense law firm that can help you achieve a successful outcome if you are accused of arson. Our law firm is able to accomplish this for you by doing proper investigation of the facts of your case as soon as we are retained. This allows us to develop a successful defense in your case which may result in the dismissal of charges against you.
If you retain Wallin & Klarich as soon as you discover that you are under investigation for arson that will often provide our law firm sufficient time to speak with the prosecution and try to convince him or her to reduce or dismiss the charges before they are formally filed against you. Contact the experienced Southern California arson defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit our website at www.wklaw.com so we can begin to help you.
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- Arson Prosecution
- Arson Charge Defenses
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- Frequently Asked Questions: Arson
- Client Testimonials: Arson
Arson Prosecution Defense Lawyers
Arson Prosecution – Penal Code Section 451
Arson – Penal Code Section 451
In order to convict you of “simple” arson in California, the prosecuting agency must prove the following two elements:
- The defendant set fire to or burned (or counseled, helped or cause the burning of) a structure, forest, land or property; AND
- He or she acted willfully and maliciously.
Aggravated Arson – Penal Code Section 451.5
In order to convict you of aggravated arson in California, the prosecuting agency must prove the following three elements:
- The defendant acted willfully, maliciously, deliberately, and with premeditation;
- The defendant acted with intent to injure one or more persons, or to damage property under circumstances likely to injure one or more persons, or to damage one or more structures or inhabited dwellings; AND
- The fire caused property damage and other losses exceeding $5,650,000.00 (including cost to put the fire out), or the fire damaged or destroyed five or more inhabited structures.
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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.
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Arson Sentencing & Punishment Defense Lawyers
Arson Sentencing & Punishment – Penal Code Section 451
A conviction for arson of a structure or forest land, charged under California Penal Code Section 451(c) is a felony punishable by imprisonment in the state prison for two, four or six years. A simple arson of property, that is not your own personal property, charged under California Penal Code Section 451(d) is a felony punishable by imprisonment in the state prison for 16 months, two, or three years.
Arson that causes great bodily injury under California Penal Code Section 451(a) is a felony punishable by imprisonment in state prison for five, seven, or nine years. An arson that causes an inhabited structure or inhabited property to burn under California Penal Code Section 451(b) is punishable by imprisonment in the state prison for three, five, or eight years.
Aggravated arson, charged under California Penal Code Section 451.5 shall be punished by imprisonment in the state prison by 10 years to life.
Arson charges, no matter the surrounding circumstances, are very serious criminal allegations. This charge is almost always filed as a felony charge. If you are found guilty of arson, you can be sent to prison and this can act as a “strike” or serious felony.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with Wallin and Klarich, an experienced arson defense law firm, to determine the consequences of a strike conviction.
Sentence Enhancements
There are several sentence enhancements for felony arson that can greatly increase a defendant’s prison sentence. For example, if you have been previously convicted of any felony or misdemeanor arson, a person can be sentenced to an additional three, four, or five years in prison pursuant to California Penal Code Section 451.1(a)(1). Additional enhancements can be added if a firefighter, peace officer, or other emergency personnel suffered great bodily injury as a result of the offense. If more than one victim suffered great bodily injury, then the defendant can be subject to additional prison time.
Misdemeanor Arson Sentencing & Punishment – Penal Code Section 452
A Reckless Fire that Causes Great Bodily Injury – Penal Code Section 452(a)
Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
A Reckless Fire that Burns Down a Home – Penal Code Section 452(b)
Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
A Reckless Fire that Burns a Forest – Penal Code Section 452(c)
Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.
A Reckless Fire that Burns Property – Penal Code Section 452(d)
Unlawfully causing a fire of property is a misdemeanor. However, unlawfully causing a fire of property does not include one burning or causing to be burned his own personal property unless there is injury to another person or to another person’s structure, forest land or property.
You should call Wallin & Klarich today to discuss your options with our knowledgeable attorneys if you find yourself facing such charges. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com.
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Arson FAQs – Penal Code Section 451
California Arson Frequently Asked Questions
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What is the definition of arson?
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Who performs arson investigations?
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What effect do arson investigations have on my charges?
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What is first degree arson?
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What is the difference between simple and aggravated arson?
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What does it mean to “set fire” or “burn”?
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When is an act willful or malicious?
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Misdemeanor Arson – Penal Code Section 452
What is the definition of arson?
Arson is any willful, malicious or reckless act that causes burning of structure, forest, land, or property.
Who performs arson investigations?
Arson investigations are performed, in large part, by the County Fire Department in which the fire took place. Other government and private agencies can become involved in arson investigations for the purposes of criminal prosecutions and insurance coverage.
If you are faced with an arson charge, it is important to hire your own expert arson investigator so that the actual cause of the fire can be disputed by experts.
Here are the links to some of California’s Agencies that investigate arson:
- California Conference of Arson Investigators
- Department of Justice
- Alcohol Tobacco and Firearms Arson and Bomb Unit
- California District Attorney’s Association
- State Fire Marshall’s Office Arson and Bomb Unit
What effect do arson investigations have on my charges?
The outcome of an arson investigation can greatly affect what you are charged with and the severity of the charge. If it was determined that you recklessly started the fire, then there is a greater chance that the charge would be filed as a misdemeanor. However, if the investigators believe that the fire was started willfully and maliciously, then you will likely be facing a felony arson charge, or even worse, a strike.
The investigation process is critical to building a defense to any criminal allegation. This is because what is “found” and what conclusions the evidence leads law enforcement to believe can often be one-sided. It is important to have a private investigator working with you who can find new evidence, witnesses, etc. that can shine light on your criminal case. The skilled criminal defense attorneys at Wallin & Klarich work closely with a network of highly trained investigators who have proven to be the difference between freedom and life in prison.
In California, arson is not separated into degrees. Rather, arson is punished by way of a felony or misdemeanor charge. Felony arson is the willful or malicious burning of a structure, forest, land or property. Misdemeanor arson is the reckless burning of a structure, forest, land or property. However, even the reckless burning of a structure, forest, land or property can be charged as a felony if someone was injured, there was extensive damage, etc. Thus, an arson that was started recklessly can be charged either as a felony or as a misdemeanor. This type of offense is called a “wobbler.”
If a person was intentionally killed during a fire, and it can be proven that the fire was set after the defendant premeditated and deliberated about the act, then the defendant can be charged with first-degree murder. Homicide charges, unlike arson, in the state of California are separated into degrees.
What is the difference between simple and aggravated arson?
Simple arson is the willful and malicious burning of a structure, forest, land or property. Aggravated arson is the willful, malicious, deliberate and premeditated burning of a structure, forest, land or property with the intent to injury one or more persons and causing damages greater than $5.65 million.
A conviction for arson of a structure or forest land, charged under California Penal Code Section 451(c) is a felony punishable by imprisonment in the state prison for two, four or six years. A simple arson of property, that is not your own personal property, charged under California Penal Code Section 451(d) is a felony punishable by imprisonment in the state prison for 16 months, two, or three years.
Aggravated arson, charged under California Penal Code Section 451.5 shall be punished by imprisonment in the state prison by 10 years to life.
What does it mean to “set fire” or “burn”?
To set fire to or burn means to damage or destroy with fire either all or part of something, no matter how small the part.
When is an act willful or malicious?
Someone commits an act willfully when he or she does it willingly or on purpose. Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to defraud, annoy, or injure someone else.
Misdemeanor Arson – Penal Code Section 452
While most arson is considered severe and will be charged as a felony, hiring an experienced criminal defense attorney can greatly increase your chances of having the charges reduced to a misdemeanor under California Penal Code Section 452. As previously discussed, most arson requires malicious or willful conduct.
However, if it can be shown that a person “recklessly” set fire to any structure, forest land or property, then such conduct could be charged as either a felony or a misdemeanor. A person acts recklessly when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of causing a fire, (2) he or she ignores that risk, and (3) ignoring the risk is a gross deviation from what a reasonable person would have done in the same situation.
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Testimonials
ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had a series of meetings with the District Attorney’s office. Wallin & Klarich convinced them that there was not enough evidence to convict our son. To our relief, all of the charges were DISMISSED. Thank you Wallin & Klarich for your help in this serious matter and thank you Wallin & Klarich for being there when we needed you. Because the District Attorney’s office could still file felony charges for up to three years, we rest easier knowing that Wallin & Klarich attorneys are on call 24 hours a day, 7 days a week. Thank you again for helping our son.”
-P. R.
“I am very, very pleased with my resolution of my case by Wallin & Klarich. My first lawyer, the public defender, told me to take a 60 day jail offer and said it was only going to get worse if I did not take it. I hired Wallin & Klarich and they aggressively represented me. The result was no jail. I am relieved and happy.”
-J. O.
“I was arrested on a warrant that stemmed from alleged crimes that had occurred approximately 10 years ago. These charges could have placed me in State Prison for up to 6 years. I hired Wallin & Klarich. Wallin & Klarich argued to the District Attorney that my right to a speedy trial had been violated since they waited 10 years to prosecute me. After the District Attorney investigated his case, he conceded that Wallin & Klarich was correct. ALL CHARGES WERE DISMISSED.”
-R.
