Los Angeles Arson Defense Attorneys
Arson Law in California
California Penal Code 451
The criminal defense attorneys of Neil Shouse & Associates defend clients against arson charges in Los Angeles County as well as Orange County and the Inland Empire.
Under California law, arson is the willful and malicious burning or setting fire to another's property. Arson also includes setting fire to one's own property with fraudulent purposes.
The penalty and punishment for arson depends on the type of property or structure or land at issue, and whether or not someone was injured. The penalties for arson can include substantial state prison time, and even murder of a victim of the arson is killed.
Here is what the state must prove in order to convict someone of arson in California (based on the California Judicial Council's Jury Instructions):
Definition of the Crime of Arson in California:
Penal Code Section 451
To prove that the defendant is guilty of the crime of arson, the state must prove that:
- By "set fire to or burn," we mean to damage or destroy with fire either all or part of something, regardless of how small the part.
- Someone commits an act willfully if she does it willingly or on purpose.
- Someone acts maliciously if she intentionally does a wrongful act or when he or she acts intending to defraud, annoy, or injure someone else.
- A person does not commit arson if the only thing burned is his or her own personal property, unless he or she acts with the intent to defraud, or the fire also injures someone else or someone else's structure, forest land, or property.
- Fire damage to fixtures inside a building may amount to the burning requirement if the fixtures constitute an integral part of the structure.
- Arson includes burning a person's clothing.
- Burning trash that does not belong to the defendant amounts to arson. The crime of arson in California does not require that the property belong to anyone.
1. The defendant charged with arson set fire to or burned assisted the burning of a structure, forest, land, or property;
AND
2. The defendant charged with arson acted willfully and maliciously.
Additional Resources Regarding Arson
California Penal Code Section 451
California
Department of Forestry
California state enforcement of arson laws.
International Association of Arson Investigators
The IAAC is a national organization supporting law enforcement officers that investigate arson and arson related crimes.
California Conference of Arson Investigators
The California Conference of Arson Investigators is an association of arson investigators with over 1000 members. It is the longest running and most active arson enforcement association of its type in the nation.
Insurance Committee for Arson Control
National network of insurance agencies working with law enforcement to combat arson in the United States.
Encyclopedia Discussion of Arson
Definition of arson, common law elements of the crime of arson, science of fire and burning, and history of arson as a global problem.
