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There are two primary statutes in California addressing arson. Penal Code Section 451 pertains to the more serious offense, known as “malicious arson.” This crime is always charged as a felony and is classified as a violent offense. Malicious arson involves the defendant either setting fire to property or acting as an accomplice, doing so willfully and maliciously.
The penalties for arson in California vary based on factors such as:
For example, under Penal Code Section 452, “reckless burning” of personal property is typically charged as a misdemeanor. However, this offense becomes a ‘wobbler’—meaning it can be charged as either a misdemeanor or a felony—if a building or forest land was burned or if the fire caused serious bodily injury. If someone is accidentally killed during the act of arson, you could face a Penal Code Section 187 murder charge under California’s ‘felony-murder rule.’
In addition, under California law, arson is considered a crime of moral turpitude. This classification has particular significance for immigrants and legal resident aliens, as a conviction may result in removal or deportation.
Our firm has successfully defended clients by demonstrating that the fire was caused by accident, negating malicious intent. Without the element of malicious intent, the most severe charge you could face is reckless arson under Penal Code Section 452.
It is often challenging to prove intent in arson cases unless corroborating or circumstantial evidence is present. Such evidence might include:
If you are facing arson charges, contact us as soon as possible. Our experience in arson defense can be crucial in navigating these serious charges.
