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.
Crimes by Code
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.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You were arrested after starting several wildfires in protected forest lands. The arresting officer made several comments hinting that you committed felony arson. Is arson really charged as a felony offense?
It depends. Some states say that arson is always a felony offense. But many others say that it can be charged as either a felony or a misdemeanor, largely depending on the facts of your case.
For example, a prosecutor may be inclined to charge an arson offense as a felony where someone suffered great bodily injury because of the crime.
By contrast, a charge of arson could get filed as a misdemeanor where the offense only resulted in minimal property damage.
In general, arson is the intentional and malicious setting fire to some type of:
The arson laws of some states say that the crime is always charged as a felony.1
Other states divide arson cases into different degrees of arson, for example:
The facts of an arson case will dictate which degree of arson you ultimately get charged with. Typically, the lower the number of degree, the more severe the offense (and the greater the likelihood that you will face a felony arson charge).
In deciding what degree of arson to charge, prosecutors usually take into account such factors as:
You will likely get charged with felony arson for a low degree of arson that involves:
You may also face felony charges if you set fire to your own property with the intent to defraud an insurance company (the crime could be charged as either insurance fraud or a form of arson).4
A felony conviction of arson is usually punishable by:
Some states say that arson is a misdemeanor if it falls into a specific degree of arson. For example, New York law says that arson in the fifth degree is a misdemeanor offense.5
Other states say that arson is a misdemeanor if the crime results in relatively minimal property damage.6
Misdemeanor arson is typically punishable by:
Some states make a distinction between “simple arson” and “aggravated arson.”
In the states that do, simple arson generally refers to the intentional and malicious setting of fire to:
In contrast, some states say that you commit aggravated arson if you:
Depending on the facts of your case and the state you are charged in, both simple arson and aggravated arson could lead to felony charges.
However, some states may say that simple arson is a type of misdemeanor offense.9
Yes. You should get legal help from a criminal defense lawyer or law firm/law office if you are facing an arson charge.
A criminal lawyer can help by:
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.