Every state takes arson charges seriously, but this is doubly true in California where fires have caused significant damage year after year. If you are charged with arson, it is essential to talk to a criminal defense attorney who can help you find the best defense for the charges you are facing.
Keep reading to learn about three of the most common defense options and the potential consequences for a guilty verdict. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- The Defendant Did Not Make a Willful Act
- The Fire Was Not Started by Arson
- There Was No Intent to Defraud
In order to be found guilty of arson in California, the defendant must have acted willfully. This means that if they did not start the fire on purpose, they are not guilty of arson. As a result, one potential defense is to show that the defendant started the fire on accident. There are any number of ways this might have happened.
Additionally, the prosecution must show that the defendant started the fire by arson. The truth is that there are many other ways a fire can start. It can start due to lightning or harsh weather, especially when the fire was a wildfire. It can start due to faulty or old wiring when the fire is in a home or even cooking and heating equipment. Smoking can also start fires. If one of these issues caused the fire – and not deliberate acts of the defendant – then this can be a defense.
A person cannot be found guilty of arson for burning their own property unless they were doing so with the intent to defraud or someone was injured during the fire. If the defendant’s property was the only property destroyed, and no one was injured in the fire, then the prosecution can show that there was no intent to defraud.
Potential Penalties for an Arson Conviction
If a person is convicted of felony arson, their punishment will depend on the type of property that was burned and whether or not someone was injured in the fire.
A person convicted of willful/malicious counts of arson could face 16 months, two years, or three years for malicious arson of personal property, two, four, or six years for malicious arson of forest land or a structure, three, five, or eight years for malicious arson of an inhabited structure or structure, and five, seven, or nine years for arson that resulted in great bodily injury.
If you have been accused of or charged with arson in California, then you should contact a criminal defense attorney as soon as possible. You can reach Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.