Arrested for arson per California Penal Code 451 pc? Neil Shouse, a former District Attorney -- now criminal defense lawyer -- discusses the law, penalties, sentencing and best legal defense strategies.
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Generally, any time someone purposefully starts a fire that is not on their own property, (with the exception of approved bbq pits or fire rings, such as in a park or campsite) they can be charged with arson. And even when someone starts a fire on their own property, there is a chance they could be charged with a crime if the fire spreads to someone else's property, or if there is a suspicion they started the fire for insurance fraud purposes.
If the fire was started by accident, then it is not the crime of arson, which requires the intent to cause destruction. But even in accidental fires, police can still charge someone with lesser offenses such as reckless burning.
California takes the crime of arson very seriously. There is a recent case where an arsonist received a life sentence, when the fire he started killed a firefighter who was trying to put it out.
The seriousness of arson charges aside, innocent people do get charged with this crime, and there are many defenses that an experienced criminal defense attorney can use to fight charges of arson against their client. Fire investigations are notoriously complicated, and often determining an exact cause and intent is an inexact science. Police and detectives are often poorly trained and do very basic, rudimentary examinations of the crime scene and evidence. A skilled criminal defense attorney can call on expert witnesses to re-examine the cause of the fire, and may be able to get the charges dismissed, or reduced to a lesser offense such as reckless burning.
If you or a loved one is charged with arson, or any other crime in California, we invite you to contact us at Shouse California Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
