The recent wildfires in California have caused widespread devastation, and what makes this tragedy even more alarming is the possibility that many, if not most, were started by arson. Arson, particularly when it leads to widespread damage like that seen in these wildfires, is a serious crime with severe legal consequences. In this blog, we explore what arson is, the severe consequences it brings, and how a criminal defense lawyer can assist if you are accused or convicted of arson.

What Is Arson?

In California, someone is guilty of the crime of arson when they “willfully and maliciously sets fire to or burns or causes to be burned or “aids, counsels, or procures the burning of, any structure, forest land, or property.” This means that there are essentially two elements to this charge: 

  1. The defendant either set the fire, caused it to occur, or assisted in the act of burning a structure, forest, or property.
  2. The act was done with intent, meaning it was purposeful and malicious.  

It isn’t enough for the prosecution to prove that something was burned; there must be evidence showing that the fire was set intentionally.

What Are the Consequences of Arson?

The consequences of an arson charge depend on the specific circumstances of the case. While arson is classified as a felony, the severity of the penalties can vary significantly. Factors such as the type and extent of the damage, the value of the property affected, and whether any lives were put at risk can all influence the severity of the punishment. In particular: 

  • Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years.
  • Arson that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years.
  • Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years.
  • Arson of property is a felony punishable by imprisonment in the state prison for 16 months, two, or three years.

Previous felonies or other aggravating circumstances, such as if multiple structures were burned, may also affect potential penalties. 

In addition to jail time, arsonists face collateral and societal consequences. For example, having a felony on your record can have immigration consequences and can impact your ability to possess a firearm

What Are the Possible Defenses Against an Arson Charge?

Arson cases can be challenging to prove, with a relatively low conviction rate. If you are accused of arson, an experienced criminal defense attorney can evaluate your case and challenge the evidence brought against you. Depending on the specific facts and circumstances of your case, several defenses may be available to protect your rights and potentially secure a favorable outcome. Possible defenses that may apply in your case include: 

  • Age (children under 14 cannot generally be held criminally liable)
  • Mental incapacity
  • Lack of criminal intent/mistake of fact
  • Duress
  • Justification/necessity 

If you are facing arson charges, a comprehensive defense investigation is crucial. Your attorney will carefully examine all the evidence to identify any weaknesses in the prosecution’s case. For example, they may uncover evidence that suggests the fire was accidental, demonstrating that you lacked the necessary intent to be charged with arson.

Should I Contact a Criminal Defense Lawyer? 

If you have been accused of arson, a knowledgeable California defense attorney can thoroughly evaluate your case, investigate the evidence, challenge the prosecution’s allegations, and identify potential defenses tailored to your situation.  Having a good lawyer on your side gives you the best possible chance of having your charges reduced or even dropped altogether.  If you need help, contact Blair Defense Criminal Lawyers. 

Our team specializes in defending clients facing all types of criminal charges, including arson. When you contact us, you’ll receive experienced legal representation dedicated to securing the best possible outcome for your case. We offer a free consultation, so there is nothing to lose and everything to gain in reaching out. 

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:

Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
24/7