California Penal Code Sections 451 and 452, the pillars of arson laws, underscore the gravity of arson. Arson, whether willful, malicious, or reckless, is a serious act that can result in devastating consequences, causing a fire to burn a structure, forest, land, or property.
An arson investigation is typically conducted by the county fire department where the fire occurred. Still, other government agencies can get involved in criminal prosecution or insurance coverage.
Under PC 451, it's a crime to “willfully or maliciously” set fire to a building, land, or any other property. Under PC 452, it's a crime to “unlawfully cause a fire” to a building, land, or any other property. This code section is commonly known as reckless arson.
So, what's the difference? The difference in the conduct between the two levels is that misdemeanor arson is characterized by mere reckless conduct, whereas felony arson is willful and malicious conduct. In other words, being reckless is different than being malicious.
For example, acting “recklessly” means you were aware that your conduct presented a substantial risk of causing a fire and ignored the risk. A common example could be throwing a burning cigarette from your car into a brush along the highway, causing a fire.
Another example includes a situation where you build a campfire to cook some food in an area that has posted signs prohibiting any fires, and then a strong wind comes along, starting a fire. In these examples, your conduct was reckless. Malicious arson means you set a fire willfully with the intent to damage or destroy it with fire.
In other words, you acted deliberately and with premeditation. You act maliciously when you intentionally commit a wrongful act. In simple terms, you can be guilty of malicious arson if you intend to set a fire to harm another person or property.
Under Penal Code 451, malicious arson is always a felony crime. Under Penal Code 452, reckless arson is a misdemeanor crime, but it can be charged as a felony if the property burned is a structure or forest or if the fire causes great bodily injury.
If you find yourself facing arson criminal charges, it's crucial to seek guidance from a Los Angeles criminal defense lawyer at Eisner Gorin LLP. Our attorneys will meticulously examine the specific details of your case, providing you with the best legal options moving forward. Remember, it's in your best interest to remain silent and not make any statements to police detectives.
Having discussed a basic overview of arson charges, let's now delve into the legal definitions, penalties, and, most importantly, potential legal defense strategies. This comprehensive understanding will equip you with the knowledge to navigate your legal situation effectively.
California Penal Code 451 PC – Malicious Arson
Under California Penal Code Section 451, the crime of malicious arson is legally defined as:
- Any person is guilty of arson when they willfully and maliciously set fire to or burns or causes to be burned or who aids, counsels, or procures the burning of any structure, forest land, or property.
By law, willfully means on purpose. Maliciously means you intentionally committed a wrongful act. A “structure” could include a building, home, motor vehicle, bridge, tent, or even a tunnel. “Forest land” is any type of brush-covered land, woods, forest, or grasslands.
“Property” includes any type of personal property, such as furniture, vehicles, appliances, and clothes, among many other items. In order for a prosecutor to convict you of malicious arsons, they must be able to prove the following elements of the crime:
- (1) you set fire to or burned, or helped cause the burning, of a structure, forest, land, or property and
- (2) You acted willfully and maliciously.
California Penal Code 451.5 PC – Aggravated Arson
Under California Penal Code Section 451.5, aggravated arson is a more serious offense and often more difficult to prove. In order to be found guilty, the prosecutor has to be able to prove all the elements of the crime. These include:
- You acted willfully, maliciously, deliberately, and with premeditation;
- You acted with intent to cause injury to someone, or to damage property under circumstances that were likely to injure someone, or to damage structures or inhabited dwellings;
- The fire caused property damage and other losses exceeding $7 million, or the fire damaged five or more inhabited structures.
Aggravated arson charges are most common in situations where you are accused of setting a fire in revenge against someone or in cases where you set fire to a Church.
California Penal Code 452 PC – Reckless Arson
Under California Penal Code Section 452, the crime of reckless arson is legally defined as:
- Any person is guilty of arson when they recklessly set fire to or burns or causes to be burned any structure, forest land, or property.
By law, recklessly means your conduct presented a substantial and unjustifiable risk of causing a fire, and you ignored the risk. Again, it's important to note the difference in the conduct causing the fire. Misdemeanor arson is characterized by reckless conduct, but felony arson is malicious conduct.
To set fire to or burn simply means to damage or destroy with fire all or part of something, even if it was just partial.
What are the Penalties?
If you are convicted of violating California Penal Code Section 451, a felony offense, you could face a minimum sentence of 16 months and a maximum sentence of 3 years in a California state prison.
This does not include any sentence enhancements, which would add time to the length of the sentence. Sentence enhancements are additional penalties that can be added to your base sentence based on specific factors of your case, such as the extent of the damage caused by the fire or any injuries sustained.
You may also have to register as a convicted arsonist under California Penal Code Section 457.1. This registration would apply as long as you live in California and legally require you to notify law enforcement where you live.
This mandatory registration will apply if you are convicted of PC 451 with aggravating factors that resulted in a 10-year state prison sentence. These factors could include the use of combustible or flammable material connected with the fire or if the fire caused significant property damage or bodily harm. The convicted arsonist registration is not typically a lifetime requirement.
If you are convicted of violating California Penal Code Section 452, a misdemeanor offense, you could face up to 6 months in county jail and a fine of up to $1,000. However, reckless arson is a “wobbler,” meaning the prosecutor can charge the case as either a misdemeanor or felony crime, depending on the circumstances and your criminal history.
Their decision is based on whether the property burned was a structure or forest or if the fire caused great bodily injury. If you are convicted of reckless burning a structure or forest, you could face a felony conviction and up to 3 years in a California state prison.
If convicted of burning an inhabited structure, you could face a felony conviction and face up to 4 years in a state prison. If convicted of reckless burning that caused great bodily injury, you could be convicted of a felony crime and face up to 6 years in state prison.
Enhanced Arson Penalties
You could also face enhanced penalties for an aggravated arson case, which could include an additional five years in a California state prison.
This would apply if you had a prior felony conviction for malicious or reckless arson under either Penal Code Section 451 or 452 and if a firefighter, police officer, or any other emergency personnel suffered a great bodily injury.
It would also apply if more than one person were injured, caused several structures to burn, or used any type of device to accelerate the fire. Call a Los Angeles criminal defense attorney at our law office for more detailed information.
What are the Related Charges?
Several related criminal offenses may be filed in addition to arson charges. The most common is insurance fraud. This occurs when you set the fire with the specific intent to commit fraud.
For example, you intentionally set fire to your own house or vehicle to collect insurance money. If you set a fire that killed someone, you could be charged with first-degree murder under California Penal Code Section 187.
If you entered a building with the intent of committing a felony, you could be charged with burglary under California Penal Code Section 459. If you enter another individual's property without permission, you could also be charged with trespassing under California Penal Code Section 602.
What are the Legal Defenses?
Our Los Angeles criminal defense lawyers may use various legal defenses against arson charges. As you can see above, an arson conviction can carry harsh legal penalties.
Therefore, it's critical to retain a skilled criminal attorney who understands the best legal strategies and who will aggressively fight to have your charges reduced or dismissed. Some of the potential legal defenses include the following:
Mistaken Identity—Typically, arson cases are aggressively investigated, and police are under intense public pressure to solve them. Therefore, an investigation can be rushed in an effort to make an arrest.
Witness statements and video from a nearby camera could show that you were not the suspect. In fact, in some cases, our lawyers may be able to prove that you were not near the scene when the fire began.
Insufficient Evidence - Many arson cases are built with only circumstantial evidence, with no witnesses. This means the physical evidence does not show you started a fire. This could make the prosecutor's case very difficult to prove. Our criminal lawyer may be able to create reasonable doubt that you are guilty and should not be convicted of arson.
Accidental Fire – In order to be convicted of arson, the prosecutor has to be able to prove you acted maliciously or recklessly in starting the fire. In some cases, our criminal attorneys may be able to prove the fire was the result of an accident. We could make an argument that in spite of the fact property was burned, it was completely unintended and not a criminal act. In California, the courts have consistently rejected ignorance of the law as a defense.
False Accusation – In some arson cases, there are a wide variety of reasons why someone may falsely accuse you of arson. Maybe the person who actually started is accusing you in an attempt to avoid prosecution themselves. Maybe you were falsely accused of an act of revenge.
Suppose you have been accused of malicious or reckless arson. In that case, you will need a highly experienced Los Angeles criminal defense lawyer at Eisner Gorin LLP to review the facts and circumstances of your case.
Remain silent. Do not make any statements to arson investigators or law enforcement. Arson is a criminal offense that typically requires a complex technical investigation.
In California, fire investigators and specialized units use forensic evidence in arson investigations. Although these individuals are highly trained to determine how the fire was started and its point of origin, they don't always get it right. We need to first closely examine the details of your case to start preparing a solid defense strategy.
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