Los Angeles Arson Lawyer

Los Angeles Criminal Defense Attorney Explains California's Arson and Reckless Burning Laws

Los Angeles Criminal Defense Attorney

Arson is one of the most serious criminal charges in California.  In Los Angeles, with the high population density and dry, hot weather, arson is especially dangerous.  Arson offenses are carefully investigated and harshly prosecuted.  In addition to criminal investigations, there are numerous private sector interests in determining the real cause of a fire.

Being arrested and charged with any crime is scary, stressful and can carry very serious consequences.  The severity of arson charges only intensifies these aspects of facing criminal charges.  If you or a loved one has been arrested or charged with arson or reckless burning, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

Penal Code 451 - Arson
Arson, under California law, is the malicious and willful burning of a structure, forest land or personal property.  Arson is always a felony and is harshly punished.  Arson of personal property (not a building) is punishable by up to three years in prison.  Maliciously burning a building or forest land is punishable by up to six years.  Burning an inhabited structure or inhabited property (e.g. vehicle) is punishable by up to 8 years.  If arson of any type of property causes great bodily injury to another person, it is punishable by up to 9 years.  If someone is killed during an act of arson, the death can be charged as murder under California's felony murder rule.  Arson can be aggravated, leading to a consecutive sentence of one to five additional years under any of the following circumstances:  a prior felony conviction for arson or reckless burning, a firefighter or other emergency personnel officers suffers great bodily injury, multiple structures burn, defendant uses something to accelerate the fire.  Arson is also a strike under California's "Three Strikes" law.

Penal Code 452 - Reckless Burning
Though malicious and willful burning is treated much more seriously, recklessly burning forest land or a building, including inhabited structures is a serious crime of its own.  Recklessly burning personal property is a misdemeanor.  PC 452 makes it a "wobbler" to burn a building or forest land, meaning that it can be filed as a misdemeanor or felony.  The prosecuting agency elects whether to file the charge as a misdemeanor or felony, based on (1) the severity of the offense, and (2) the defendant's criminal history.  As a felony, reckless burning of a structure or forest land is punishable by up to three years in state prison.  Reckless burning of an inhabited structure or inhabited property is punishable by up to four years as a felony.  If reckless burning causes great bodily injury, the felony sentence can be up to six years.

DEFENSES TO ARSON CHARGES
As with all criminal offenses, there is a wide array of possible defenses, and it is important to have your case fully reviewed by an experienced, knowledgeable criminal defense attorney.  It is important to note that the information in this article is for informational purposes only and is no substitute for effective representation.  Among the many charges that can be asserted in an arson case, a defendant's attorney can assert: that the fire was an accident, there is a false accusation or mistaken identification of the defendant, the evidence is insufficient, the fire was not a result of arson, and the burning was not, in fact, reckless.  Negotiation is also an important part of arson defense.  If charged with malicious arson, it may be possible to work out a deal for reckless burning and avoiding a permanent felony conviction.  Other common defenses to crimes.

Arson charges are very serious and will be aggressively prosecuted by the Los Angeles District Attorney's office.  If your or a loved one has been arrested or charged with malicious arson or reckless arson of a building, forest land or personal property, contact the Law Offices of Nicholas Loncar now for a free consultation and to discuss representation in your case.  We can go over the various defenses that may be applicable in your case, as well as explain the possible and likely outcomes of your case.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule