Arson

Arson is the deliberate and illegal act of setting fire to buildings, structures, natural areas, or other property to cause harm or destruction. In California, individuals can face prosecution for arson under either Penal Code 451 or Penal Code 451.5.

Arson is deemed a grave offense due to its potential to endanger lives, inflict property damage, and have enduring and widespread repercussions on individuals, communities, and the environment. Given arson's substantial harm and risks, law enforcement agencies, fire departments, and legal authorities approach arson cases with the utmost seriousness. It is best to retain the services of a criminal defense attorney who will vigorously protect your rights and interests when charged with arson. When facing arson charges in Fresno, rely on the California Criminal Lawyer Group.

Arson Under California Law

Under Penal Code 451, you could face arson charges if you intentionally and maliciously ignite or burn a structure, forested land, or property or actively participate in, advise, or facilitate the burning of such property.

To secure a conviction for arson under PC 451, the prosecution must establish two fundamental components:

• You must have intentionally initiated a fire in a structure, forested area, or property or played a role in aiding, advising, assisting, or causing the ignition of said property — This element underscores your physical involvement in the fire-related incident. Individuals who help, counsel, aid, or cause the ignition of a fire on the said property will face charges similar to those who set fire. This is because, per PC 31, aiding and abetting a crime is a prosecutable offense.
• A deliberate and malicious motive drove your conduct — This means you consciously and unlawfully engaged in the act aiming to inflict harm or cause destruction. Demonstrating the presence of your willful and malicious intent is pivotal in establishing your legal culpability.

On the other hand, Penal Code 451.5 addresses aggravated arson, a more severe form of arson. To secure a conviction in an aggravated arson case, prosecutors must establish three critical factors:

• Your actions were willful, malicious, deliberate, and premeditated.
• You intended to cause injury to one or more persons, damage to property under circumstances likely to injure one or more persons, or damage to one or more structures or inhabited dwellings.
• You have prior convictions for arson within the past ten years.
• The fire resulted in property damage and other losses exceeding a specific financial threshold of $8.3 million (which includes the cost of fire suppression), or it caused damage or destruction to five or more inhabited structures.

Let us look at some elements in more detail.

• Setting Fire to

“Set fire to or burn using fire" is the deliberate act of using fire to ignite or cause damage to something intentionally. This can involve burning an entire object or just a part of it, regardless of the size of that part.

Therefore, even the slightest signs of charring in wood can indicate a "fire or burn" in a legal context.

In simpler terms, even if only a small area of an object shows evidence of charring, it can still be considered proof of fire or burning under the law.

• Willful and Malicious Action

Under this law, an individual commits an act "willfully" when they willingly or purposely engage in that action. In simpler terms, a willful act is done intentionally, with a clear awareness of the action's intent and consequences.

According to common law principles, an individual acts "maliciously" when they intentionally perform a wrongful act or act with the unlawful intent to achieve one of the following objectives:

• Defraud — It involves engaging in deceptive or fraudulent conduct, typically to gain an unfair financial or personal advantage through dishonesty.
• Annoy — Deliberately causing irritation, disturbance, or discomfort to another person by intentionally engaging in actions that disrupt or bother them.
• Injure — This entails intentionally causing harm, injury, or damage to another person, physically or through other means, to cause harm or injury.

• Structure and Forest Land

A “structure” involves a wide range of constructed objects and buildings. It generally includes:

• Houses and buildings.
• Bridges and tunnels.
• Dams and reservoirs.
• Utility and communication facilities.
• Railroad tracks and stations.
• Public or commercial tents.
• Other constructed objects.

On the other hand, forest land has a substantial concentration of trees and vegetation. The trees and vegetation often create a forested expanse. This land can be under public or private ownership and encompasses:

• National forests.
• State parks.
• Brush-covered land.
• Wooded areas, and
• Other locales with dense tree cover.

• Property

Property includes personal belongings and real estate, excluding forest land. This definition covers a wide range of items, including clothing and trash. However, arson involving personal property does not come into play when an individual burns their belongings unless two specific conditions are met:

• The burning was executed with fraudulent intent, meaning it was done to deceive or gain an unfair advantage through dishonesty.
• Someone sustained injuries within the building where the burning took place.

Reckless Burning

Penal Code Section 452 introduces the concept of reckless burning as a separate and distinct offense, differentiating it from more severe forms of arson. Under this statute, reckless burning occurs when a person intentionally sets fire to property or causes a fire without the specific malicious intent required for arson.

Prosecutors must meet specific criteria to establish recklessness according to this statute:

• You must be fully aware that your actions carry a significant and unjustifiable risk of causing a fire — This means you must possess knowledge of the potential danger associated with your actions.
• Despite being aware of this risk, you must proceed with your actions in a manner that represents a glaring departure from how a reasonable person would conduct themselves under similar circumstances — Essentially, your disregard for the risk must be extreme and unreasonable.

Note: "Recklessness" in this legal context sets a relatively high standard and is distinct from mere carelessness or negligence. Genuine accidents, for example, forgetting to turn off a stove, do not fall under reckless burning. Instead, this statute primarily addresses situations where an individual acts with a conscious disregard for safety. Additionally, he/she knowingly takes actions that create a substantial and unwarranted fire hazard.

Setting Fire on Private Property

Under certain circumstances, you could be subject to arson charges for setting fire to personal property. The likelihood of arson charges being brought in cases involving personal property depends on the presence of specific conditions:

• Intent to defraud — Arson charges become more probable if you intentionally ignite your personal property to defraud others, engage in deceitful actions, or gain an unfair advantage through dishonesty.
• Injury to another person — Even if the property is your own, if someone sustains injuries within the building or its vicinity where the fire occurred, you could face arson charges.

Defenses You Can Assert in an Arson Case

You stand to gain from the wealth of experience Fresno attorneys at the California Criminal Lawyer Group have to offer. We will evaluate your case and determine the best defense strategy for it. Here is a look at some common defenses applicable in an arson case:

• Another Reason is to Blame for the Fire, Not Your Actions

If you face arson charges, you can challenge the allegations by demonstrating that the fire had a cause unrelated to arson. There are several common factors behind fires. Showing that one of these factors was responsible can significantly bolster your defense. These factors include:

• Harsh weather or lightning — Particularly relevant in wildfire situations, severe weather conditions or lightning strikes can spontaneously ignite fires without human involvement.
• Smoking — Fires can result from cigarettes or other smoking materials if not properly extinguished, demonstrating that the fire was not caused intentionally.
• Faulty or outdated wiring — Electrical fires can occur due to issues like defective wiring, outdated electrical systems, or equipment malfunctions, all of which indicate that the fire was not intentionally set.
• Cooking and heating equipment — Accidental fires can start during cooking or due to malfunctions in heating equipment, underscoring that they were not the result of deliberate actions.

When building your defense strategy, you can present evidence and arguments to show that one of these common causes was the root of the fire and that it did not arise from any intentional or malicious act on your part. This approach aims to raise reasonable doubt regarding the prosecution's arson claim. Additionally, this defense can significantly contribute to securing either an acquittal or a favorable outcome for you.

• You Did Not Act Willfully

This defense centers on disputing the crucial element of willfulness, integral to arson charges. This defense submits that you did not intentionally or purposefully set the fire. Instead, the fire resulted from an accident, negligence, or the absence of criminal intent.

Criminal defense attorneys explore various avenues, including the following when asserting this defense:

• Accidental fire — Attorneys will demonstrate that the fire was not ignited intentionally but was a consequence of an unforeseeable accident or mishap. This involves presenting evidence of factors beyond your control, for example, a faulty electrical system or a gas leak.
• Lack of intent — Under this, the attorney will assert that you did not possess the necessary intent to commit arson. For instance, if the fire arose from a careless act rather than a deliberate one, it does not meet the legal criteria for arson.
• Alibi — Attorneys provide evidence indicating that you were not present at the location where the fire occurred when it erupted. This, thereby, establishes an alibi that challenges your involvement.
• Expert testimony — Additionally, attorneys could engage expert witnesses, like fire investigators. Their testimony bolsters the contention that the fire was accidental and lacked the characteristics of criminal intent.
• Inadequate evidence — Attorneys can question the strength of the evidence prosecutors present using this defense strategy. This move aims to demonstrate that the prosecution did not convincingly establish, beyond a reasonable doubt, that you acted willfully.

• You Did Not Intend to Defraud

This defense is a strategic approach aimed at contesting the essential element of intent to defraud, a requisite component for arson charges involving personal property. This defense asserts that your actions did not involve deliberately igniting the fire to deceive or gain an unfair advantage through dishonest means, like insurance fraud.

Your legal counsel could present a compelling case with the following approaches:

• Your attorney could assert that you lacked any motive or intention to defraud others through the fire. They could demonstrate that no financial gain or deceptive scheme was associated with the fire.
• If the prosecution accuses you of insurance fraud, your lawyer could provide evidence to establish that you neither planned nor executed the fire as part of an insurance fraud scheme. They could introduce proof of your unblemished history without prior engagement in insurance fraud.
• Your attorney could introduce alternative explanations for the fire, for example, accidents or other non-malicious causes, to raise doubt regarding the prosecution's claim of intent to defraud.

Ultimately, this defense strategy undermines the prosecution's argument that you intentionally initiated the fire with fraudulent intentions. If successful, this defense can lead to reduced charges or even complete acquittal.

• You Were Falsely Accused

False accusations of arson can happen to anyone. Just like with any other crime, false claims of arson can arise for various reasons, putting innocent individuals at risk of serious legal consequences. Some common causes for these false accusations include:

• Mistaken identity — Eyewitnesses might wrongly identify you as the culprit amid the chaos and stress of a fire scene, leading to wrongful accusations.
• Insurance fraud — In certain situations, people could falsely accuse others of arson as part of an insurance fraud scheme or to evade financial losses tied to property damage.
• Personal conflicts — Personal disputes, clashes, or lingering grudges can drive individuals to falsely accuse you of arson.
• Flawed investigations — Poorly conducted fire investigations, inadequate evidence collection, or biased investigative methods can result in unjust accusations.
• Accidental fires — Occasionally, fires caused by accidents can be misconstrued as arson due to a limited understanding of fire dynamics or insufficient expertise in fire investigation.
• Misinterpreted evidence — Innocent actions or situations can be misinterpreted as arson-related activities by investigators, leading to baseless accusations.

If you believe you have been falsely accused or wrongfully arrested for arson, these circumstances can be vital to your legal defense strategy. While "false accusation" or "wrongful arrest" alone may not be complete legal defenses, they are critical elements of a broader defense approach. Here is how you can leverage them:

• Reasonable doubt — In a criminal trial, the burden of proof lies with the prosecution to establish your guilt beyond a reasonable doubt. If your defense can cast doubt on the accuser's credibility or demonstrate that the arrest was wrongful, it can contribute to reasonable doubt regarding your guilt.
• Alibi — If you can present a credible alibi that places you far from the scene of the alleged arson when it occurred, it can be a compelling defense. An alibi can bolster the wrongful arrest claim by proving your inability to have committed the crime.
• Motive for false accusation — If there is evidence indicating that the accuser had a reason to falsely accuse you, for example, personal vendettas or financial gain, this can be introduced in your defense to undermine their credibility.
• Fourth Amendment violations — If the arrest was made without a valid warrant or lacked probable cause, it constitutes a breach of your Fourth Amendment rights against unreasonable searches and seizures. These violations can lead to the exclusion of evidence during the trial.
• Police misconduct — If there is evidence of police misconduct, like coerced confessions or the suppression of exculpatory evidence, it can challenge the legitimacy of the arrest and the case against you.

All these approaches aim to safeguard your rights and ensure a fair legal process when confronting false accusations or wrongful arrests related to arson.

Penalties if Convicted of Arson

The penalties vary depending on which statute you violate.

• Arson, a Violation of Penal Code 451

A violation of PC 451 is a felony. The penalties depend on:

• The structure burned in the incident, and
• Whether there was an individual who sustained an injury during the incident,

Convictions result in the following penalties:

• 16 months, 2, or 3 years in prison for malicious arson on personal property.
• Imprisonment for 2, 4, or 6 years if the fire was set on forest land or a structure.
• 3, 5, or 8 years in prison for arson that affects an inhabited property or inhabited structure.
• Imprisonment for 5, 7, or 8 years if the arson incident resulted in another person sustaining an injury.

• Aggravated Arson, a Violation of Penal Code 451.5

A conviction for aggravated arson results in felony penalties, namely:

• A minimum prison sentence of 10 years.

Note: You will not be eligible for parole until you serve ten years in prison.

• Reckless Burning, a Violation of Penal Code 452

A simple reckless burning charge will result in misdemeanor penalties upon conviction. The offense is punishable by the following penalties:

• A jail sentence of up to 6 months.
• A fine of up to $1,000.

The offense becomes a wobbler if:

• The property affected is forestland, a structure, or
• If the fire causes another individual to suffer injuries.

This means you could either face misdemeanor or felony penalties, depending on the charges the district attorney prefers.

Misdemeanor violations attract the following penalties:

• Up to 6 months in jail for setting fire to a forestland or structure.
• A jail sentence of up to one year if the affected property is an inhabited structure or inhabited property.
• Up to one year in jail if another person sustains an injury.

Felony violations attract the following penalties:

• 16 months, 2, or 3 years in prison for setting fire to a forestland or structure.
• Imprisonment for 2, 3. or 4 years if the affected property is an inhabited structure or inhabited property.
• Imprisonment for 2, 4, or 6 years if another person sustains an injury.

Impact of a Conviction on Immigration

An arson conviction can carry significant immigration repercussions. It is classified as a crime involving moral turpitude (CIMT). In accordance with United States immigration law, specific types of criminal convictions, like arson, can precipitate two pivotal outcomes:

• Individuals who are not U.S. citizens will be subject to deportation or removal proceedings due to certain criminal convictions.
• Non-citizens seeking entry to the United States or endeavoring to alter their immigration status will encounter the designation of "inadmissibility." This label can complicate and impede their immigration processes.

Impact on Gun Rights

An arson conviction, particularly if deemed a felony, carries significant implications for an individual's gun rights in the United States. This matter is governed by both federal and state legislation.

In compliance with California law, Penal Code Section 29800 enforces strict restrictions on individuals with felony convictions, barring them from possessing, owning, or purchasing firearms within the state's jurisdiction. It's imperative to recognize that violating this statute constitutes a criminal offense in California, and penalties may encompass fines, imprisonment, and the forfeiture of firearms.

Concurrently, at the federal level, 18 U.S.C. § 922(g)(1), established by the Gun Control Act of 1968, lays out federal regulations. It unequivocally prohibits individuals who have incurred felony convictions from possessing firearms. Hence, should an arson conviction be categorized as a felony, it will lead to losing your gun rights.

Contact a Fresno Criminal Defense Attorney Near Me

In handling your arson case, our approach will be customized to the specific evidence and circumstances involved. The California Criminal Lawyer Group boasts extensive experience in dealing with the intricacies of arson cases. We will thoroughly and comprehensively review all aspects of the alleged offense.

Considering the unique details of your case, we will explore various potential strategies. One viable avenue includes initiating negotiations with Fresno prosecutors to secure favorable outcomes, including reduced charges or, in some cases, a complete dismissal of the case. Be assured that our unwavering dedication is directed toward diligently pursuing the most advantageous and successful resolution on your behalf.

Contact us today at 559-712-8377 for a case evaluation.