Arson
There are two California statutes pertaining to arson. Penal Code Section 451 concerns the more serious one, known as “malicious arson.” This offense is always charged as a felony and is considered a violent crime. Malicious arson is composed of the defendant setting fire to property or being an accomplice to that act, and doing so willfully and maliciously.
The punishment for arson charges in California depends on the type of property that was burned, whether or not someone was injured, and whether or not you set the fire willfully or only “recklessly.” For example, under Penal Code 452, so-called “reckless burning” of personal property is a misdemeanor in California law. However, it becomes a ‘wobbler’ if you burn a building or forest land, or if the fire causes great bodily injury. If you commit arson and accidentally kill someone while doing so, you could be charged with Penal Code Section 187 murder under California’s ‘felony-murder rule.’
Arson is considered to be a crime of moral turpitude under California law. This is particularly important for immigrants and legal resident aliens as it means that they may be subject to removal or deportation because of a conviction.
The punishment for arson charges in California depends on the type of property that was burned, whether or not someone was injured, and whether or not you set the fire willfully or only “recklessly.” For example, under Penal Code 452, so-called “reckless burning” of personal property is a misdemeanor in California law. However, it becomes a ‘wobbler’ if you burn a building or forest land, or if the fire causes great bodily injury. If you commit arson and accidentally kill someone while doing so, you could be charged with Penal Code Section 187 murder under California’s ‘felony-murder rule.’
Arson is considered to be a crime of moral turpitude under California law. This is particularly important for immigrants and legal resident aliens as it means that they may be subject to removal or deportation because of a conviction.
Examples of Defenses Against Arson
Our firm has defended many clients on the basis that the fire in question was caused by accident. This is important because it shows that there was no malicious intent. Without malicious intent, the worst charge you can face is reckless arson under Penal Code Section 452.
It is usually very difficult to prove intent in starting a fire unless there is corroborating or circumstantial evidence. Such evidence might include a history of computer research on how to surreptitiously start a fire, a financial-based motive, the existence of instrumentalities for arson in your garage, or witness testimony that you ran from the scene just before the fire began.
It is usually very difficult to prove intent in starting a fire unless there is corroborating or circumstantial evidence. Such evidence might include a history of computer research on how to surreptitiously start a fire, a financial-based motive, the existence of instrumentalities for arson in your garage, or witness testimony that you ran from the scene just before the fire began.