As far as whether is arson a felony, the answer is yes. Generally, California punishes arson crimes more harshly than many other states. The charge is automatically a felony, which, if convicted, could land you in prison for many years and result in steep fines.
If you have been charged with starting a fire on forest land, request legal help. An arson defense lawyer in Los Angeles can examine your case. They can evaluate your legal options and determine what to do to contest the charge against you.
What Is Arson?
This is defined as the act of burning one’s own or another person’s property. Examples include burning land, houses, businesses, cars, and smaller property. Arson crimes are punishable under California Penal Code Sections 451 and 452.
Malicious arson is incredibly serious. Reckless burning can be a misdemeanor or a felony and carries jail time even if the charge is a misdemeanor. The specific charge(s) relating to your crime will determine what penalties you may face.
Your lawyer can provide insights into the penalties for an arson that results in bodily injury and similar legal topics. They will also explain arson laws. Along with these things, your attorney can look for evidence to support your argument.
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What Is Malicious Arson?
According to the California Penal Code, various criteria must be met before you can be charged with this crime. You must willfully and maliciously set fire to any structure, forest land, or property or have helped someone else do so. In addition, a prosecutor must be able to show that you committed such acts maliciously.
With this crime, property, structure, or forest land has to belong to another person, the public (as in a state park,) or a business. Typically, you can’t be convicted for burning your property. This is usually the case unless you were hoping to defraud the insurance company and collect on a policy or if the fire you set spreads to someone else’s property.
To be convicted of malicious arson, a prosecutor must prove that you were trying to defraud an insurance company, hurt or kill someone, or deliberately damage property due to anger, spite, or jealousy. Thus, if you start a fire after using fireworks, you may not be violating arson laws. You may not face major punishments for arson, either.
What Is Reckless Burning?
The California Penal Code defines reckless burning in the same terms as arson. It differs in that there is no “malicious intent” behind reckless burning. Examples of times you could face this charge include:
- Setting a fire for amusement or thrill since you want to see something burn
- Setting a fire because of a mental illness like pyromania or schizophrenia where “voices” told you to set the fire
- Starting a fire where you did not intend to harm someone or defraud anyone and you had no malicious intent
Your lawyer can answer any questions you have about what reckless burning is and if you can face a jail sentence or other severe punishments for this crime. A prosecutor can initially charge you with malicious arson, but your lawyer could get the charge reduced to reckless burning. If there is insufficient evidence, your case could be dismissed entirely.
What Counts as ‘Setting a Fire’?
For legal purposes, setting a fire means you lit a match or a lighter, and the property caught fire. If you start a fire that causes a little burn mark and some smoke damage, it still counts as setting a fire under California law. In a situation where you set a fire that violates California’s arson laws, you could be penalized based on many factors, including:
- The specifics of your charge
- If anyone suffered “great bodily harm” (serious injury or death)
- How many people or animals were hurt or killed during your fire
Your lawyer understands the penalties for willful arson. They work diligently to find ways to help you avoid harsh penalties. As part of their efforts, your attorney could pursue a plea deal on your behalf.
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Malicious Arson Penalties
If you are wondering what is a malicious arson charge and what will happen if you are convicted, consider your legal options carefully. Without an experienced criminal defense attorney at your side, you could be punished for the crime of arson. Penalties you could receive if convicted of malicious arson of property include:
- 16 months to three years in prison if you burned your property and someone else’s caught fire
- Two to six years for setting fire to non-inhabited property
- Three to eight years for setting fire to inhabited buildings
- Seven to nine years if someone suffered great bodily harm as a result of the fire
- A fine of up to $10,000 or up to $50,000, or twice the amount you’re expected to recover from insurance
- A strike under California’s Three Strikes Law
- Convicted arson status for life
Do not wait to learn what California’s Three Strikes Law is and what this and other legal topics could mean to your case. Get help from a criminal defense lawyer who understands your unique circumstances. They will tailor your legal strategy to the circumstances of your case.
‘Enhanced’ Malicious Arson Penalties
There are instances where prison sentences are extended based on malicious actions relating to fires. When penalties are enhanced, you could receive an extra one to five years of prison time. Here are the criteria that must be met to lead to such penalties:
- You have a prior conviction for any arson crime.
- An emergency worker (such as a firefighter or EMS worker) was harmed.
- More than two people suffered great bodily injury.
- Multiple structures were affected.
- You used a device to either delay the start of the fire (like a timer) or accelerate it.
With a charge relating to actions that can cause bodily harm or substantial property damage, expect a prosecutor to take every possible measure to punish you. Your lawyer can teach you about the penalties you can face and consider ways to show the court you should not be penalized. They can prepare a legal argument designed to dispute the claims against you.
Misdemeanor and Felony Reckless Burning Penalties
If burning involves only personal property, it is usually charged as a misdemeanor. This carries penalties that can include a jail sentence of up to six months and up to $1,000. Your lawyer can explain how long a misdemeanor stays on your record.
A prosecutor can try a reckless burning case involving a structure or forest land as a misdemeanor or a felony. Depending on the circumstances, felony penalties can include state prison sentences. The same “enhancements” apply to reckless felony burning as those for malicious felony burning.
The court will consider your actions, the type of property damaged, and other circumstances as it weighs penalties in a reckless burning case. It will look at whether you have received a previous arson conviction, probation, or other penalties. If the court rules against you, it may impose the maximum punishment.
Strategies for Arson Charges
It is your responsibility to prove that you did not intentionally or maliciously use fire to damage personal property or harm others. Your lawyer understands how a reasonable person will view your charge. They can discuss potential legal defenses relating to your charge, including:
Insufficient Evidence
A prosecutor must provide a body of evidence to prove a conviction of reckless arson for a willful action is warranted. Your lawyer can dispute the proof provided by the prosecution. If they succeed, they can raise a reasonable doubt about the evidence the prosecution provides.
Mistaken Identity
Security camera footage from the scene where a fire began shows someone else is liable for the blaze. Or you have an alibi that reveals you were nowhere near this scene at the time of the fire. Your lawyer can explain what effect arson investigations can have on your charge and how they may help you prove you are the victim of a mistaken identity.
No Intent
Unfortunately, a reasonable person can cause an accident that leads to a fire. If your fire is the result of an accident, your lawyer can present an argument to help you validate this point. The argument can help you prove there was no intent to commit a crime, which could lead to the dismissal of any criminal charges you face.
Mental Incapacity
There are instances where someone is charged with starting a fire but does not have the mental capacity to understand the ramifications of their actions. The criminal justice system considers a reasonable person’s mental capacity. A court could rule that a defendant committed reckless acts that contributed to a fire but was unaware of what they were doing.
Unlawful Search and Seizure
With simple arson and similar crimes, police officers can look for proof that they can use against you. Regardless, you have legal protections under the Fourth Amendment. If a search is conducted and the police seize evidence without your consent, they cannot use it against you, which could make it difficult for a prosecutor to argue their case against you.
Misdemeanor and felony charges have long-lasting ramifications. Avoid these charges and the penalties associated with them by partnering with an arson attorney who prioritizes your case. Your lawyer takes the time to learn about your case and look for ways to compel the court to rule in your favor.
How to Avoid a Conviction
You worry about the immediate and long-term consequences of an arson conviction. Things look bleak right now, but you have the opportunity to take legal action. Here are things a lawyer can do to help you defend against an arson offense and felony punishable by jail time and other significant punishments.
Offer Legal Guidance and Support
An arson lawyer understands California’s arson statutes and the maximum sentence associated with crimes. They use their legal knowledge to help you make informed decisions throughout your legal proceedings. Therefore, you could avoid jail for arson and other harsh penalties.
Collect and Evaluate Evidence
False accusations can be difficult to contest unless you have a strong body of proof. Your lawyer can gather circumstantial and physical proof to help you defend against arson accusations. If you have an abundance of evidence, it may be impossible for a prosecutor to prove that you should receive an arson conviction.
Negotiate with the Prosecution
In the criminal justice system, you could receive a lesser punishment than what was originally proposed via a plea bargain. Your lawyer can explain common defense strategies for your case and consider plea deals. If your attorney feels it is in your best interests to consider a plea agreement, they will let you know.
Remember, you could face months in county jail due to insurance fraud or other criminal activities relating to your charge. Criminal lawyers will do everything within their power to help you avoid this and other penalties. They will search for ways to show you should have the charge against you reduced or dismissed.
Work with Criminal Defense Lawyers Who Understand the Consequences of Arson
You are scared of what will happen as you deal with a criminal charge for starting a fire. Thankfully, you do not have to deal with your legal proceedings by yourself. A lawyer can provide a definition of arson and other relevant information and offer insights into defenses for arson charges.
Simmrin Law Group has decades of legal experience in criminal cases. Give us the opportunity to serve as your legal representative and advocate during your legal proceedings. Request a case consultation with our lawyers.
Call or text (310) 896-2723 or complete a Free Case Evaluation form