California Criminal Arson Laws: Where There Is Smoke, There May Not Be Arson

California criminal arson laws come into play in many different scenarios involving fires, explosives and other combustible materials and can be serious felony charges. Throughout Southern California including Los Angeles, Riverside, San Bernardino and Orange Counties arrests for arson seem to rise during the “fire season” where warm and dry weather can cause large brush fires that often times spread to homes and cause damage to life and property.    I have recently worked on a high profile arson case in Orange County where numerous issues regarding charges of arson arose that an experienced criminal defense lawyer can use to successfully defend a person charged with arson.

Often times persons are charged with arson’s to an inhabited structure when a persons home receives fire damage to the structure of the house.   California Penal Code section 451(b) prohibits the intentional burning of an inhabited structure.   A person need not be inside the home to be guilty of setting fire to a home but it most be a structure where a person normally uses it for “dwelling” purposes.   Where an arson causes minor damage to an inhabited structure, an experienced criminal defense attorney can often times employ a fire expert to show that the damage does not arise to an arson.   For a person to be found guilty of arson, the fire damage to an inhabited structure must cause charring to the structure.  As the California Court of Appeals pointed out in the case of In re Jesse L. (1990) 221 Cal.App.3d 161, mere blackening or soot is not sufficient to support a charge of arson.     Considering a person is facing suffering a strike conviction with a high term of 8 years in state prison when convicted of a charge of Penal Code section 451(b), it is imperative for a person charged with such a crime to seek the counsel of a criminal defense lawyer who can explore all issues that can be challenged to gain a successful result to your criminal case.

Arson cases can be very serious especially when an arson charge is accompanied by an allegation that a person used an accelerant on the fire.   Often times an accelerant can be gasoline poured on a fire to make it bigger or even lighter fluid.   If it is proved that an arson was committed with an accelerant, Penal Code section 451.1 provides that a defendant can be sentenced to state prison in California for up to an additional 5 years in state prison.   Depending on the facts of the case, a judge in a case has the power to strike (dismiss) an enhancement charge for using an accelerant pursuant to California Penal Code section 1385, et. seq.   The reasons for striking such an enhancement can range from a defendant’s circumstances and prior record to the size of the fire and damage caused by using the accelerant.   Clearly, if an arson investigator finds that a fire was used with an accelerant, the arson charges can become very serious an it is important to consult with a criminal defense attorney who is aware of all the defenses that are available in defending an arson case.

California Penal Code section 451(c) prohibits persons from willfully, maliciously, and unlawfully setting  fire to, burn, and cause to be burned forest land.    Often times fires in forests or dry vegetation areas in California start with the unintentional dropping of a lit cigarette.  More often fires can occur in these areas during times like the 4th of July where persons are lighting fireworks that have the unintentional effect of causing fires that can spread to homes and other structures.    According to the National Geographic data, on average more than 100,000 wildfires, also called wildland fires or forest fires, clear 4 million to 5 million acres (1.6 million to 2 million hectares) of land in the U.S. every year.    Many of the fires occur in California and the Southwest during the dry and hot seasons.   Unfortunately, persons such as campers and others who start fires when celebrating the 4th of July, often start fires and are charged with criminal offenses related to these fires.    Charges relating to arson of forestry areas can be very serious and expose a person to serving time in state prison.   Thus, it is imperative that a person charged with arson of forestry or of a structure, know their legal rights and hire an experienced criminal defense attorney to properly defend themselves in a criminal prosecution related to arson.