Under California Penal Code 451, a person commits arson when they willfully and maliciously set fire to, burn, or cause to be burned any structure, forest land, or property. Arson is a serious felony that can carry significant prison time, fines, and lasting consequences. Therefore, you need an experienced arson defense attorney immediately.
Elements of Arson
To convict someone of arson, the prosecution must prove the following beyond a reasonable doubt:
- The defendant set fire to a structure, forest land, or property.
- The act was done willfully and maliciously.
Aggravated Arson (PC 451.5)
Aggravated arson applies when the defendant acts with premeditation or intent to injure people or damage property. Additional aggravating factors include:
- Willful, malicious, or deliberate intent to harm a person or damage property.
- Previous arson convictions within the past 10 years.
- Property damage exceeding $6,500,000.
For full legal reference, see California Penal Code 451.5.
Punishment for Arson
- Arson causing great bodily injury: 5, 7, or 9 years in state prison.
- Arson of an inhabited structure: 3, 5, or 8 years in state prison.
- Arson of a structure or forest land: 2, 4, or 6 years in state prison.
- Arson of property: 16 months, 2, or 3 years in state prison. Personal property arson is excluded unless intended to defraud or harm others.
Defenses Against Arson Charges
Strong defenses can prevent conviction for arson. Common defenses include:
- The defendant lacked specific intent, i.e., the act was not willful or malicious.
- The fire started accidentally without intent to injure anyone or damage property.
- Constitutional defenses under the Fourth Amendment or Miranda protections.
Why You Need an Experienced Arson Attorney
Because arson charges can lead to long prison sentences and financial liability, having a skilled attorney is critical. We can challenge the evidence, raise defenses, and protect your rights effectively. Don’t wait to secure expert legal representation.
FAQ: California Arson (PC 451 & PC 451.5)
Q: What is the difference between arson and aggravated arson?
A: Aggravated arson includes intent to harm, premeditation, prior arson convictions, or extreme property damage. Regular arson lacks these additional factors.
Q: Can I be charged with arson if I didn’t mean to start a fire?
A: No. Arson requires willful and malicious intent. Accidental fires are not arson, although negligence may lead to other charges.
Q: How long can I go to prison for arson?
A: Prison sentences vary depending on the type of arson: 16 months up to 9 years.
Q: Can constitutional rights help in an arson case?
A: Yes. Violations of the Fourth Amendment (illegal searches) or Miranda rights can be raised to challenge the prosecution’s evidence.
Contact Us
Call LAWSTACHE™ Attorneys at (619) 357-6677 for a consultation with an experienced arson defense attorney.
CRIMES
Murder • Attempted Murder • Assault • Assault with a Deadly Weapon • Battery • Resisting Arrest • San Diego DUI Attorneys Overview • Marijuana Related Crimes • Burglary • Theft Crimes • Receiving Stolen Property • Robbery • Click Here For More