wklaw » Arson http://www.wklaw.com Just another WordPress site Fri, 10 Feb 2012 01:28:34 +0000 en hourly 1 http://wordpress.org/?v=3.1 I’m Charged with Arson in San Diego – What Should I Do Next? http://www.wklaw.com/blog/2011/01/21/i%e2%80%99m-charged-with-arson-in-san-diego-%e2%80%93-what-should-i-do-next/ http://www.wklaw.com/blog/2011/01/21/i%e2%80%99m-charged-with-arson-in-san-diego-%e2%80%93-what-should-i-do-next/#comments Fri, 21 Jan 2011 12:13:44 +0000 Criminal Defense Attorney http://www.wklaw.com/?p=11942 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.

]]> http://www.wklaw.com/blog/2011/01/21/i%e2%80%99m-charged-with-arson-in-san-diego-%e2%80%93-what-should-i-do-next/feed/ 0 The Mens Rea of Arson – What Must Prosecutors Prove? California Penal Code Section 451 http://www.wklaw.com/blog/2010/03/04/mens-rea-of-arson-what-must-prosecutors-prove-california-penal-code-section-451/ http://www.wklaw.com/blog/2010/03/04/mens-rea-of-arson-what-must-prosecutors-prove-california-penal-code-section-451/#comments Thu, 04 Mar 2010 11:00:52 +0000 Criminal Defense Attorney http://www.wklaw.com/blog/?p=516 Most crimes consist of two components called an actus reus (guilty act) and a mens rea (guilty mind). The crime of arson, which is codified in section 451 of the California Penal Code, states that a person is guilty of arson if he or she “willfully and maliciously” sets fire to or burns or causes to be burned any structure, forest land, or property. (Pen. Code, section 451.) The “willfully and maliciously” language is the mens rea of arson. Thus, in order to be convicted of arson, a prosecutor must show, along with the actus reus, that the defendant committed the act “willfully & maliciously.”

In People v. Atkins (2001) 25 Cal.4th 76, 84, the California Supreme Court held that in order to be convicted of arson it is not required that the defendant specifically intended to burn the relevant structure or forest land. The court held that all that is needed to be convicted of arson is a general criminal intent.

The law regarding the crime of arson is complex. If you or someone you know has been accused of arson, they should immediately contact an experienced Southern California arson criminal defense attorney. Arson is a very serious crime with very serious consequences. It can lead to a lengthy state prison sentence, as well as hefty fines and fees. The attorneys at Wallin & Klarich have been handling serious felony cases for more than 30 years. Call Wallin & Klarich today at (888) 749-0034 for a free evaluation of your case, and visit us on the web at www.wklaw.com. We will be there when you call.

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