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.
