Arson

Penal Code 451 PC is the California law defining arson. According to the statute, arson is willfully and maliciously setting fire to or burning any structure, forest land, or property. This means you intend to cause harm or damage by starting a fire. Arson is a felony that can result in up to 9 years in state prison, depending on the type and value of the property burned and whether anyone was injured or killed by the fire.

A PC 451 violation is a complex and severe offense that requires a thorough investigation and analysis of the evidence. The prosecution must prove beyond a reasonable doubt that you acted with the required intent or recklessness, caused the fire, and resulted in damage or injury. Depending on your specific case, you could use various legal defenses, such as lack of intent, false accusation, insufficient evidence, or entrapment.

If you are charged with arson in California, you should hire a competent and experienced criminal lawyer who can challenge the prosecution’s case and protect your rights. A good lawyer can help you avoid or reduce the harsh consequences of an arson conviction, such as prison time, fines, restitution, employment difficulties, and social stigma.

At California Criminal Lawyer Group, we offer quality legal services for clients facing arson charges in Santa Ana. We have a team of dedicated and knowledgeable lawyers who have handled many arson cases in California courts. We will work hard to provide you with the best possible defense and representation. Contact us today for a free consultation and case evaluation.

The Definition of Arcson Under California Law

Arson is a crime that involves intentionally or recklessly setting fire to property, structures, or forest land. Before a California court could convict you of arson under Penal Code 451 PC, the prosecution must show certain elements, including:

• You set fire to, burned, or helped someone else burn a structure, forest land, or other property. This element requires that you caused or participated in causing a fire or burning. You must have used some means to ignite or spread the fire, such as matches, gasoline, fireworks, or explosives. You do not have to be the sole or direct cause of the fire if you aided, procured, or counseled the burning.
• You acted maliciously and wilfully. Here you must have acted with a particular intent or state of mind. To act willfully means to act on purpose or deliberately, while maliciously is acting with wrongful intent or motive. Wrongful motives include harming someone or something, defrauding someone or something, or annoying or injuring someone or something.

The prosecutor does not have to show the court that you intended to cause a specific amount of damage or injury by the fire, only that you intended to start or spread the fire. However, the amount and type of damage or injury can affect the severity of the penalty for arson.

One of the questions from the statute is what constitutes “fire or burning.” The California Supreme Court has held that “fire” means “a visible flame” and “burning” means "a charring of wood." Therefore, mere scorching or discoloration of an object is not enough to prove arson. There must be some evidence of actual combustion or consumption by fire.

Willfully and Maliciously

One of the key elements of arson is having a willful and malicious intent. When setting the fire, you must have had a specific intent or state of mind.

Willfully means that you acted on purpose or deliberately and did not act by accident, mistake, or negligence. Regardless of the consequences, you intended to start or spread the fire.

Maliciously means that you acted with wrongful intent or motive, such as to harm someone or something, to defraud someone or something, or to annoy or injure someone or something. The law requires that you did not act for a lawful or justified reason but intended to cause damage or injury by the fire.

An example of a willful and malicious act is setting fire to a neighbor’s house out of revenge or spite. Another example is setting fire to your business to collect insurance money or to destroy evidence of a crime.

If the prosecutor cannot prove beyond a reasonable doubt that your acts were willful and malicious, they may charge you with reckless burning under Penal Code 452 PC instead of malicious arson under Penal Code 451 PC. Reckless burning is a lesser offense involving setting fire to or recklessly burning a structure, forest land, or property that endangers life or property.

Recklessly means that you were aware of and consciously disregarded the risk that your actions would cause a fire. Also, you did not act specifically to cause a fire but with a gross deviation from the standard of care that a reasonable person would exercise in a similar situation.

An example of a reckless act is throwing a lit cigarette into a dry brush without checking if it was extinguished. Another example is setting off fireworks near flammable materials without taking proper precautions.

Structure and Forest Land

One type of arson is burning a structure or forest land. This means that you willfully and maliciously burned, set fire to, or caused to be set on fire any structure or forest land, or aided, counseled, or procured burning of a structure or forest land.

A “structure” means any building, power plant, tunnel, bridge, public or commercial tent, or other enclosed area designed for human occupancy or use. A structure does not have to be inhabited or occupied to be considered a structure for arson purposes.

Forest land is bush-covered, cut-over, forested, grasslands, or woods. Forest land does not have to be owned by the state or federal government to be considered forest land for arson purposes.

Property

Another type of arson is the burning of property. To commit the offense, you willfully and maliciously burned or helped with the burning of any property.

Property means any personal property or land that is not forest land. Personal property includes any movable or immovable thing subject to ownership that has value, such as furniture, clothing, vehicles, machinery, or crops.

Arson of property does not include burning one’s personal property unless the fire results in another person’s injuries or structure, forest land, or property destruction. Also, arson of property could mean setting fire to a building for a fraudulent purpose, such as collecting insurance money.

An example of arson involving property is setting fire to a car belonging to someone else. Another example is setting fire to one’s own house to avoid foreclosure and endangering the lives of firefighters.

Sentencing, Punishment, and Penalties for Arson

California law considers arson a serious felony because it can result in harsh penalties. The sentencing for arson depends on various factors, such as:

• The property burned.
• The occupancy or inhabitance of the property burned.
• The extent of damage or injury caused by the fire.
• The motive or purpose of the fire.
• The prior criminal record of the defendant.

If you are convicted, the possible prison sentences are:

• Not over three years for arson of property.
• Up to six years for burning a structure or forest land.
• Not over eight years for arson of an inhabited structure.
• Not above nine years for arson that causes great bodily injury.

In addition to serving prison time, you could face the following consequences:

• A fine not exceeding $10,000.
• Restitution to the victims.
• Registration as an arson offender.
• A strike under California’s Three Strikes law.

Immigration Consequences Upon a Conviction of Arson

Arson is a serious crime that can negatively affect non-citizens under California’s immigration law. The consequences of an arson crime conviction may include the following:

• Deportation.
• Inadmissible to the United States.
• Denial of the ability to naturalize as a citizen of the United States.
• Denial of immigration benefits such as visas, green cards, or asylum.

One of the reasons why arson can trigger these immigration consequences is that it is considered a “crime of moral turpitude” (CIMT). A CIMT is a crime that involves dishonesty, fraud, or moral depravity.

As an immigrant, you can be deported for a CIMT if:

• Your conviction occurs within five years of admission to the U.S., and a sentence of at least one year may be imposed.
• As a non-citizen, you are convicted of two or more CIMTs.

An Expunged Upon an Arson Conviction

Expungement is a legal process that allows you to clear or dismiss a conviction from your criminal record. Expungement can have many benefits, such as improving employment opportunities, housing options, and professional licenses.

However, not all convictions are eligible for expungement in California. In general, you can apply for expungement if you meet the following conditions:

• You face conviction of a misdemeanor or a felony that could have been charged as a misdemeanor.
• You are sentenced to probation, county jail, a fine, or no sentence.
• You have completed probation or served your sentence.
• You are not currently charged with, on probation, or serving a sentence for another offense.

Arson is usually a felony in California, but it can also be charged as a misdemeanor if it involves the reckless burning of property under Penal Code 452 PC. Therefore, a person who was convicted of misdemeanor arson may be able to apply for expungement if they meet the other conditions.

However, if you violate any term of their probation, such as failing to pay restitution, attend counseling, or report to their probation officer, you could lose your eligibility for expungement. In that case, you could file a motion to terminate or modify your probation before applying for expungement.

Expungement in California is governed by Penal Code 1203.4. The statute states that an expunged conviction releases the person from “all penalties and disabilities” resulting from the offense. However, this does not mean the conviction is completely erased from the record. It remains a matter of public record and can be used for specific purposes, such as:

• Enhancing the penalties for subsequent offenses.
• Imposing immigration consequences.
• Denying or revoking specific licenses or permits.
• Affecting eligibility for certain public benefits or programs.
• Requiring registration as an arson offender.

Consequences of a Conviction for Arson to Gun Rights

A conviction for a Penal Code 451 violation can affect your gun rights in California. Arson is a felony offense with a prison sentence of up to 9 years. According to California law, convicted felons are prohibited from acquiring or possessing a gun in California. This means a person convicted of arson will lose their right to own and possess a firearm for life unless they obtain a pardon or expungement.

However, obtaining a pardon or expungement is complex and may not restore all gun rights. The governor grants a pardon and requires a certificate of rehabilitation or a direct application. The court grants an expungement and requires the completion of probation or sentence and the, fulfillment of other conditions.

Even if you obtain a pardon or expungement, you may still be barred from owning or possessing certain firearms, such as assault weapons or large-capacity magazines. You may also be subject to federal laws restricting felons' gun rights.

Is PC 451 a DA strike?

In California, arson could be a DA strike. A DA strike is a conviction for a serious or violent felony that counts as a strike under California’s Three Strikes law. The Three Strikes Law imposes harsher penalties for repeat offenders with one or more prior strikes on their record.

For example, a second strike can double the sentence for the current offense, and a third strike can result in 25 years to life in prison.

Arson is a serious and violent felony under Penal Codes 1192.7 and 667.5, respectively. Therefore, arson is considered a strike if the person is convicted as an adult. However, not all arson charges are equally serious. The severity of the charge and the potential sentence depend on many factors, such as:

• The property type burned. For example, structure, forest land, or personal property.
• The intent of the person who started the fire. For example, malicious, reckless, or fraudulent.
• The harm caused by the fire. For example, great bodily injury, death, or property damage.

The most serious arson charge is one causing great bodily injury under Penal Code 451(a) PC. It is punishable by imprisonment for 5, 7, or 9 years. The next most serious charge is the arson of an inhabited structure or property under Penal Code 451(b) PC, which is punishable by a prison sentence of three, five, or eight years. Both of these charges are DA strikes and can result in enhanced sentencing if the person has prior strikes or other aggravating factors.

Therefore, a person accused of arson should seek legal representation from an experienced criminal defense attorney who can fight the charges and avoid or reduce the consequences of a DA strike.

Defenses to a PC 451 Charge

Because arson is a serious felony offense, it is important to build defenses to challenge the charge and avoid or reduce the consequences. The purpose of building defenses is to show that the prosecution cannot prove beyond a reasonable doubt that you committed arson.

Some common defenses are:

No Willful Act

Arson requires both willful and malicious intent to qualify for a criminal charge and a conviction. Therefore, the charge may be dismissed or reduced if the defense can prove that the fire was caused by accident or negligence rather than willful action.

For example, Jane left a candle unattended in their bedroom, and it fell over and ignited the curtains. Jane did not intend to start a fire or cause any harm. She simply forgot to blow out the candle before leaving the room. In this case, the defense can argue that there was no willful act of arson but rather a careless mistake.

Fire Not Started By Arson

Your charge could be dismissed or reduced if you prove that natural forces, mechanical failures, chemical reactions, or other factors beyond your control ignited the fire. For example, your personal car caught fire while parked in a garage.

However, not every fire that is not caused by arson is a valid defense against arson. The defense must also show that you did not know or had reason to know that the fire would occur or pose a risk of injury or damage. If you were aware of the potential fire hazard and failed to take reasonable steps to prevent or report it, you could be liable for a Penal Code 451 violation or another related offense.

For example, if you stored flammable materials in your basement and left them unattended, knowing they could catch fire if exposed to heat or sparks but not caring about the consequences, one day the materials spontaneously combusted and caused a fire that spread to the rest of the house. In this case, you cannot argue that there was no arson but rather a negligent or reckless act that resulted in a fire.

No Intent To Defraud

You cannot be convicted of arson if the only item burned is your property unless you intend to defraud or the fire harms someone else or destroys someone else’s structure, forest land, or property.

For example, suppose a person burned their own car in a remote area. The person did not intend to harm anyone or anything else by burning their car. They also did not intend to defraud their insurance company or anyone else by claiming compensation for the loss of their car. They simply wanted to get rid of their car for personal reasons. In this case, the defense can argue that there was no intent to defraud and no arson.

Coerced Confession

A coerced confession is a statement obtained by force, threats, intimidation, deception, or other improper means that violate the suspect's constitutional rights. A coerced confession is not voluntary and, therefore, not admissible as evidence in court. If your defense lawyer can prove that the confession was coerced, the charge may be dismissed or reduced.

Note that the judge must look at the totality of the circumstances and determine whether the suspect gave the confession freely and knowingly. The judge considers age, education, mental capacity, physical condition, and prior experiences. If the court finds the confession was voluntary and reliable, it may be admitted as evidence.

The act of entering a building or structure intending to commit a felony or theft inside. If you enter a building or structure intending to commit arson, you may be charged with burglary under PC 459.

Burglary can be either first-degree or second-degree, depending on the type of building or structure involved. First-degree burglary applies to inhabited dwellings, such as houses, apartments, hotels, etc. Second-degree burglary applies to any other building or structure, such as stores, offices, and warehouses.

Trespass, PC 602

If you enter or occupy someone else’s property intending to interfere with their property rights or damage their property by fire or other means, you may be charged with trespass under PC 602.

Trespass can be either a misdemeanor or an infraction depending on the circumstances and the harm caused. A misdemeanor trespass is punishable by up to six months in jail and up to $1,000 in fines. An infraction of trespass is punishable by up to $250 in fines.

Find a Reputable Criminal Defense Near Me

Arson is a serious crime that can result in severe penalties and consequences. If you are accused of arson or any related offense, you need a reputable criminal defense attorney to fight for your rights and interests. A good lawyer can help you understand the charges and the possible defenses. They can also challenge the evidence and the witnesses against you.

At California Criminal Lawyer, we have reputable lawyers with extensive experience and knowledge of handling arson cases. We will work tirelessly to protect your freedom and reputation. We will also investigate your case thoroughly and develop a strong defense strategy that suits your situation. We will communicate with you every step of the way and keep you informed of your options and progress.

Please contact us at 714-844-4151 if you face arson charges or related offenses in Santa Ana. We are available around the clock to assist you with your legal needs. Let us help you achieve the best possible result in your case.