Reckless burning can result in arson charges during fire season
Fire season is coming early this year. The California Department of Forestry and Fire Protection has recently issued a release urging property owners to ensure that they are in compliance with California Public Resources Code 4291, which requires 100 feet of Defensible Space to be maintained around all structures within the State Responsibility Area. Inspections will be coming, and failure to comply may result in a fine. It’s also important to note that reckless burning even on your own property may result in arson charges in this time of heightened fire risk.
What is Defensible Space?
Defensible Space is basically a term for a perimeter around a structure that is free from all extraneous combustible materials. The purpose of this perimeter is to create a buffer that limits the spread of wildfires from one area to another. The state’s guidelines for creating defensible space call for the removal of all dead plants, grass, weeds, leaves, pine needles, branches, etc. from on and around the structure. Trees should also be trimmed so that no branches are within 6 feet of the ground, grass should be kept mowed, and plants should be kept pruned away from structures.
Avoiding Fires in Drought Conditions
The state is also advising people to use extra care when working or playing outside in order to avoid accidentally starting a wildfire. For example, all of the following activities should be avoided:
- Mowing dry grass on a Red Flag day
- Mowing or trimming after 10 am
- Burning yard debris on No Burn days
- Using portable gas-powered equipment like chainsaws or weedeaters without spark arresters
- Starting a campfire without a permit
- Failing to extinguish a campfire
- Pulling a car over in dry grass
- Dragging trailer chains on the pavement
- Driving on wheel rims
- Flicking cigarette butts in dry grass
- Shooting at metal targets
Accident or Arson?
Most of the time, an accidental fire is not considered a criminal act. However, if the prosecutor believes they can prove that you acted recklessly and this caused the accident that led to the fire, you may be charged with arson. In times of drought or during fire season, failing to comply with reasonable advisories related to burning and fire safety could easily be seen as reckless.
What To Do If You’re Charged with Arson
If you’ve been arrested for or charged with arson, contact an expert arson defense attorney like Dan E. Chambers as soon as possible. After a free consultation, Dan will immediately leap into action to collect the evidence necessary to secure the best possible resolution to your case.
