In California, Penal Code section 451 provides that arson is the willful and malicious burning of a structure, forest or land, which 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, is a felony punishable by imprisonment in the state prison for 16 months, two, or three years. However, when arson caused great bodily injury, it is punishable by imprisonment in state prison for five, seven, or nine years.

One common defense to the crime of arson is to show that the individual lacked the required intent to commit this crime. Arson is a general intent crime, meaning that the prosecution must prove that the person knows what he or she is doing, intends to do it, and is acting as a free agent without coercion by setting something on fire. The law does not require the prosecution to prove that the person acted with the specific intent to set something on fire in order to convict of this crime. As a result, voluntary intoxication is not a defense and does not relieve the defendant of responsibility for the crime.

If you have been accused of arson, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of arson for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/arson. We will be there when you call.