Practice Area
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.
