What Is Arson Under California Law – Penal Code Section 451 and 452
A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, and or property.
Property includes a home or another’s personal property.
One can also be convicted of ‘reckless arson’ under California Penal Code Section 452.
This is the unlawful causing of a fire of any structure, forest land or property in a reckless and wanton manner. Reckless acts are considered acts that a reasonable person would not do in the same or similar situation. An act disregarding safety is also considered a reckless act such as throwing out a lit cigarette into a dry brush area.
If you are convicted of a felony arson offense, it could result in a requirement to register as a registered arson offender, requiring you to notify law enforcement of your whereabouts similar to the Penal Code Section 290 registration for convicted sex offenders.
An accidental act that created a fire and burning of property is a defense such as forgetting to turn off a hot iron or stove.
If you or someone you love has been accused of an arson offense in California, contact the experienced criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 for a consultation of your case. We have offices in Riverside, San Bernardino, Los Angeles, Ventura and Orange County. We will be there when you call.
AUTHOR: Paul Wallin
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