California Criminal Lawyers
California Criminal Law: Arson
California Penal Code Section 451: (1) Any person who (2) willfully and (3) maliciously (4) sets fire to, burns, or causes to be burned, or (5) who aids, counsels, or (6) procures the burning of, (7) any structure, forest land, or property is guilty of arson.
If the burning is reckless, but not willful and malicious, a person can be guilty in California Court of a lesser crime: Unlawfully Causing A Fire under California Penal Code Section 452 which may be felony or a misdemeanor charge.
California Criminal Law defines
Reckless when a person is aware of, but consciously disregards, a substantial and justifiable risk that his or her act will set fire to or burn property. California Penal Code Section 450(f).
The District Attorney files
felony charges in California for Arson of Property under California Penal Code Section 451(d), Arson of a Structure under Penal Code Section 450(a) or Arson of Forest Land under Penal Code section 450(b).
To constitute one of the arson offenses, a fire must not have been totally accidental or unintentional.
California Criminal Defense
Arson can be punished more severely if the property burned is inhabited. Criminal Defense Attorneys also must question whether a structure itself was burned or whether personal property inside the structure was burned.
If either Arson or an Unlawfully Caused Fire results in great bodily injury, the punishment will be increased.
California Criminal Law requires a person convicted of arson or aggravated arson to register as an arson offender while residing in or located in California.
Criminal Attorneys also know lesser related offenses to arson:
- Possessing an incendiary device with intent to use it to set fire or burn any structure, forest land, or property. California Penal Code Section 453.
- Vandalism or graffiti. California Penal Code Section 594.
- Insurance fraud. California Insurance Code Section 1871.1; California Penal Code Sections 550, 551.
If you or someone you know has been arrested for Arson in California, contact the Criminal Defense Strikeforce for the best possible defense.