Fire is one of the most destructive natural elements in nature. This is why any case involving someone intentionally setting fire to a property or structure is a serious criminal offense in California.
Called arson, the offense endangers not only property, buildings and brush but also people. California hands out severe penalties for anyone convicted of arson – a felony offense.
State law on arson
According to California law, a person commits arson if they willfully and maliciously set fire to or cause to be burned any structure, property, or forest land. It’s also a violation of the law to aid someone or to procure flammable elements for an arson attempt.
The punishments for arson convictions
The penalties for an arson conviction depend on the circumstances of the offense. They are:
- Arson that causes great bodily injury to another person: This offense is a felony punishable by up to eight years of prison.
- Arson that causes an inhabited structure or inhabited property to burn: This offense is a felony punishable by up to eight years of prison.
- Arson of forest land: This offense is a felony punishable by up to six years of prison.
- Arson of uninhabited property: This offense is a felony punishable by up to three years of prison.
In addition to these prison sentences, a court may impose up to $50,000 in fines on the convicted person. If the offender committed arson for monetary gain (such as defrauding an insurer), the court may instead impose a fine equal to twice the amount the offender hoped to gain fraudulently.
Aggravated arson
An arson offense can become an even graver crime called aggravated arson if the offender willfully, maliciously, deliberately and with premeditation intended to harm another person or to destroy property by causing a fire. The following criteria must apply for an arson offense to become aggravated:
- Past convictions: The offender has previous convictions of arson within the past 10 years.
- Costly damage: The fire caused by the offender caused property damage and losses of over $10,100,000. This includes the cost of fire suppression.
- Widespread flames: The fire damaged or destroyed five or more inhabited dwellings.
A person convicted of aggravated arson faces up to 10 years to life imprisonment in state prison.
While the laws surrounding arson in California are strict, every case is unique, and there may be mitigating circumstances or defenses available. If you face charges, you might need legal counsel. An experienced legal professional may be able to explain your defense options and how the court process works, on top of representing you in the hearing.