California Penal Code 451 states: A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.
(a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years.
(b) Arson that causes an inhabited structure or un inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years.
(c) Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years.
(d) Arson of property is a felony punishable by imprisonment in the state prison for 16 months, two, or three years. For purposes of this paragraph, arson of property does not include one burning or causing to be burned his or her own personal property unless there is an intent to defraud or there is injury to another person or another person's structure, forest land, or property.
(e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.
If you or someone you love is being charged with Arson in the state of California the statutes are very clear about the level of charges that will be filed. At a minimum anyone who is charged with arson is looking at a minimum of more than one year in prison and additionally these charges often fall under the California Three Strikes Law.
You need not have actually set a fire to be charged under this penal code. You may have been in the area where a fire has been set nor do you have to have any direct involvement to be potentially charged if there is reason to believe you spoke to the person who actually set the fire. At Rizio & Nelson we understand that most times our clients are not in fact guilty of these charges and we will discuss your entire case with you to determine how your name was raised in the placing of these charges. Contact Rizio & Nelson 7 days a
week, 24 hours a day if you or a family member is being charged
with arson. We will help you mount an aggressive defense which often
times will result in the charges being dropped. Don’t risk
an arson defense to an attorney who is not fully prepared to defend
you.
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