Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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The top 3 legal defenses to arson charges are for you to show that:
The criminal laws of most states say that you commit the crime of arson if you intentionally and willfully set fire to or burn any:
As to arson of property, note that most jurisdictions say that the offense does not include burning down your own personal property unless you commit the act with an intent to defraud someone.
Many jurisdictions break the offense of arson down into varying degrees or types of arson (for example, first-degree arson, second-degree arson, and third-degree arson). First-degree charges are generally the most severe.
Most state laws classify arson as a wobbler offense, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony offense. Penalties can include several years in either county jail or state prison.
Most often, yes. Recall that you will typically only receive an arson conviction if you set fire to something intentionally and willfully.1
This means you can raise the arson defense that you did not act with such aim or intent. Perhaps, for example, you set fire to something by accident.2
As to arson and your own property damage, also recall that most states say that you are only guilty of a crime if you acted with the intent to defraud (for example, with the intent to defraud an insurer on a specific insurance policy).3
You can therefore contest criminal charges by showing that you did not act with a fraudulent goal.
It is always a defense in arson cases for a defendant to show that a fire was started by something other than arson. Some common causes of fires include:
You can try to contest an arson charge by showing that one of the above caused a fire, and not your own acts.
Most often, yes. There are many reasons why people falsely accuse others of arson. Some of these are that they:
No matter the specific reason for the false accusation, an alleged arsonist can typically contest a charge by showing that he/she was unjustly blamed.
Yes. Criminal defense lawyers play an important role in arson cases because they will know what defense strategies are at your disposal.
Remember that you and your criminal lawyer can use any defense that casts reasonable doubt on the prosecutor’s case. Defense lawyers will know and understand which particular defense has the best chance to do this.
By raising the most effective defense, a lawyer can help you avoid a:
Note that most attorneys and law firms provide free consultations, meaning you can receive legal advice at no cost.
Further, your communications with a defense attorney are protected by the attorney-client relationship. This means your lawyer cannot disclose these communications without your prior consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.