Arson is charged as a felony under California law.
California has — unfortunately — become known for its wildfires. Throughout the year, various fires have raged across the state, causing both death and destruction. While there are many potential causes of wildfires, in California, almost 95% of wildfires are started by people, either intentionally or unintentionally. If a fire is set intentionally, that person may be charged with arson — and may face even more severe consequences if the fire causes significant damage or harm to people.
According to a criminal defense attorney in San Bernardino, CA, arson is defined as setting fire to any structure, forest land or property. To prove the crime of arson, a prosecutor must show:
- That the defendant set fire to or burned, or caused the burning of, a structure, forest land, or property; and
- The defendant acted willfully or maliciously.
Setting fire to or burning means to damage or destroy all or part of something with fire. Charring on wood or another piece of a structure is enough evidence that someone set something on fire or burned it.
Under this law, it isn’t enough that a fire was set or something was burned. The person who set the fire or burned something had to have done it willfully — intentionally — or maliciously. For purposes of this law, maliciously means that a person acted with the intent to defraud, annoy or injure someone else.
Importantly, a person can still be convicted of arson if they act recklessly. This occurs when a person its aware that their actions could present a substantial and unjustifiable risk of causing a fire, they ignore that risk, and their actions are a gross deviation of how a reasonable person would act in a similar situation. For example, if you go camping and leave your campfire smoldering when you leave, that may be considered reckless behavior, depending on the circumstances.
Arson is a felony under California law. The punishment for arson will depend on the type of property that was burned and whether someone suffered an injury as a result. Aron of personal property is punishable by a prison term of between 16 months and 3 years in California state prison. For arson of a structure or forest land, the penalty is between 2 and 6 years in prison. If you are convicted of arson that caused an inhabited structure or property to burn, then you may be sentenced to between 3 and 8 years in prison. Finally, if the arson causes great bodily injury — as has happened in many California wildfires — then you could be sentenced to between 5 and 9 years in prison.
Arson is a serious criminal offense that may also have immigration consequences and impact your ability to possess a firearm. If you have been charged with arson, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney in San Bernardino, CA. We will work hard to protect your legal rights and your freedom.
