California Arson Laws

Thanks to dry conditions, mountainous terrain, and homeowners who demand picturesque views, California is at risk of wildfires year-round. The California penal code treats arson as a serious criminal offense. Arson includes not only the intentional burning of a residence, but also reckless burning of your own personal property if it causes harm to others.

Arsonists may face federal charges if the fire burns into the many national parks in and around California’s major cities. Arson can be an enhancement to other charges, like murder or attempted murder, if a firefighter or first responder suffers injuries due to the blaze.

Both accidental and malicious arson can result in criminal charges. Arson offenders may qualify for a life sentence under California’s three-strikes law.

California Arson Laws

Arson (California Penal Code section 451) is the malicious and willful burning of any structure, property, or forest land. The penal code defines these as:

• Structure: A building, tunnel, power plant, or commercial or public tent
• “Property”: Real or personal property, such as a vehicle
• “Forest land”: Land in any condition, whether brush-covered, forested, grasslands, or woods

Arson of property does not include burning or causing the burning of one’s own property unless there is an intent to defraud. Insurance fraud is a separate charge that does not include arson as an enhancement. Attempted arson contains the same elements of the crime as arson, without the arson actually occurring.

Aggravated Arson

Aggravated arson charges apply if either of the following is true of the defendant:

• Was convicted of arson within the past 10 years
• Caused damage or losses in excess of $10.1 million

The aggravated arson statute must be reviewed or repealed every five years to reassess the damage amount and account for inflation and property values.

Unlawfully Causing a Fire

Recklessly causing a fire is a “wobbler” offense that can be charged as either a misdemeanor or a felony, depending on whether it causes any serious injuries. “Recklessly” means setting a fire or disposing of materials with reasonable knowledge that a larger fire could result. Tossing a lit cigarette out of a car window or using illegal fireworks are examples of recklessly causing a fire.

If the resulting fire causes great bodily injury, the offense can be a felony with serious penalties. Unlawfully causing a fire to assist with other crimes, such as retail theft, may serve as an enhancement. For instance, throwing a match into a dumpster out back so accomplices can rob the store while the employees fight the flames would add arson to the theft charges.

Possession or Disposal of Incendiary Device

Possession or disposal of an incendiary device means having certain items with the intent to start a fire. Having a full can of gasoline in your trunk is not necessarily evidence of intent to commit arson. However, having several empty bottles and some rags next to the can of gas might be. This charge is a misdemeanor unless other factors are involved.

Penalties

Arson penalties range from a few months in county jail to several years in state prison for felony arson. If the offense involves federal land, defendants could face federal charges as well. California requires those with previous arson convictions to register as arson offenders. This is a lifetime requirement, unrelated to any parole or probation restrictions.

The crime of arson may be an enhancement to other offenses or a standalone crime. The charges will reflect the severity of the offenses.

Arson

Arson of property without additional damage or injury is a felony offense punishable by 16 months to eight years’ imprisonment. Penalties depend on whether the property is personal property, an inhabited structure, or forest land. Regardless of location, arson causing great bodily injury is a felony punishable by up to nine years’ imprisonment.

Aggravated Arson

Aggravated arson is more serious than arson and carries more severe penalties. It applies when:

• The arson injures a firefighter, police officer, or other first responder
• More than one individual suffered serious bodily injury
• The defendant intentionally burned more than one structure

Judges can increase the sentence between three and five years. Aggravated arson with intent to cause injury is a felony. If the defendant has a prior conviction or caused statutory amounts of damage, the penalty is imprisonment of 10 years to life.

Unlawfully Starting a Fire

Those who set fire to a structure or property recklessly face a misdemeanor charge with a penalty of up to a year in jail. Burning an inhabited structure or causing serious injuries increases the maximum imprisonment cap to six years.

All arson offenses may be fined up to $50,000, in addition to any restitution imposed by the court.

Defenses

Developing a defense strategy to arson requires a criminal defense lawyer who understands California’s arson laws. After a bad forest fire season, defenses for crimes of arson require establishing a reasonable doubt. Common defenses include:

• Lack of intent: Proving arson requires showing that you intended to damage property by burning it. If the fire was due to careless behavior or failure to realize that what you did might start a fire, you can avoid more serious arson charges.
• Other causes of starting the fire: Lightning strikes or downed power lines often cause wildfires. An attorney can help show that bad wiring caused your home fire, not intentional arson.
• No intent/reason to defraud: A homeowner’s policy is not a good reason for burning down a house. Although some fraudsters burn down properties to collect insurance money, your attorney can attempt to demonstrate that you are not one of them.

This is far from an exhaustive list of possible defenses. The best approach will depend on the details of your particular case.

Get Legal Advice From a California Criminal Defense Attorney

California has many complex arson laws. A skilled criminal defense attorney can protect your rights as a defendant. Contact an experienced California criminal defense attorney near you for legal assistance.