California Penal Code Section 451 and 452: Arson charges apply if the police accuse someone of intentionally setting fire to property, forest land, or a structure in California.
You can face serious consequences for a conviction. Fortunately, a criminal defense lawyer can help with understanding California’s Penal Code and review your legal options after an arrest.
You can focus on the differences between these charges right here. Let our team at the Simmrin Law Group help you review the penalties for PC 451 and 452. We have decades of experience we can draw on to help, so reach out now.
The Legal Definition of PC 451: Malicious Arson
The state of California uses PC 451 to prosecute the act of malicious arson. What is a malicious arson charge in California? Individuals can be charged with malicious arson if they start a fire:
- On forest land
- In a structure
- On someone’s property
Individuals must act purposefully and maliciously to face charges under PC 451. According to this penal code, individuals demonstrate malicious intent if they are acting to hurt, annoy, or defraud another person. Note that malicious arson is a felony in California.
Always speak with a Los Angeles arson defense lawyer when faced with arson charges. You will have a clearer understanding of the charge, the potential penalties if convicted, and how you can fight the charge.
The Legal Definition of PC 452: Reckless Burning / Reckless Arson
Individuals can be charged with reckless burning – or unlawfully causing a fire – if they recklessly start a fire in forest land, a structure, or a person’s property. As you can see, this charge is very similar to malicious arson. The difference deals with intent.
Individuals can be charged with malicious arson if they start a fire to injure a person or damage property. Reckless arson charges apply if someone knows their actions could lead to a fire and they act in a way that would be seen as dangerous by a reasonable individual.
Therefore, people can be charged with reckless burning even if they didn’t intend to cause bodily harm. Merely disregarding the safety of others can lead to PC 452 charges. The court system in California can treat reckless arson as a misdemeanor or a felony. A Los Angeles criminal defense lawyer can tell you more.
California PC Section 451 and 452: Arson Penalties
The results of arson can vary, especially if it causes property damage. Let’s review these penalties from the least severe to the most severe.
Misdemeanor PC 452 Charges
Individuals who face a misdemeanor charge of arson can face the least severe penalties for an act of arson. Generally, individuals are only charged with misdemeanor arson (or simple arson) if they recklessly burn personal property, like an uninhabited structure.
The penalties for a misdemeanor conviction include:
- Up to $1,000 in fines
- Up to six months in county jail
- Time in a prison camp
You must take arson laws seriously when considering the penalties for misdemeanor charges. A criminal attorney can give you more information.
Felony PC 452 Charges
The court treats reckless burning as a felony offense if an individual:
- Burns forest land or a structure
- Sets a fire, causing a great bodily harm
In some cases, arson charges apply to situations involving brush-covered land or cut-over land. For example, individuals could face this type of crime of arson for setting fire to a:
- Power plant
- Public tent
- Empty shed
Other aggravating factors, including the loss of human life or a history of arson, could contribute to this charge. Individuals can face a prison sentence of six years for a felony conviction. Additionally, the charge will show up on your criminal record, marking you as an arson offender.
Felony PC 451 Charges
California treats malicious arson as a felony offense. PC 451 is a felony punishable by:
- Up to $50,000 based on the amount of property damage
- A prison sentence of up to nine years for a maximum sentence
Note that these are only basic penalties for a felony arson conviction. In some circumstances, the penalties for an act of aggravated arson can be much harsher.
A criminal defense attorney can review the potential results of an arson conviction for a felony crime with you today.
Other Results of an Arson Conviction
Some individuals may face allegations of insurance fraud after an arson accusation. Insurance companies often try to avoid paying out damages after a fire.
If the fire caused a death, the event could also result in criminal charges for first-degree murder, which could lead to life in prison. You can get legal representation to handle these allegations.
The Defenses for Arson Charges in California
You can build a legal defense after an arrest for arson. A criminal defense lawyer in Los Angeles can review your case if you face a misdemeanor or felony offense. Your lawyer could argue:
You Set a Fire by Accident
Arson charges in California should not apply if you start a fire accidentally or without unlawful intent. If you were not acting maliciously or recklessly when the fire started, you could avoid a conviction for arson of property.
Criminal lawyers can take steps to block or discredit circumstantial evidence used in the charges against you.
Someone Wrongfully Accused You of Arson
Not every accusation of arson in California is legitimate. Someone could blame you for starting a fire you did not start. Your lawyer could work to demonstrate your innocence in this situation, helping you successfully resolve the charges you are facing.
We can also explore other common defenses to misdemeanor and felony offenses in Southern California.
How Lawyers Handle Arson Charges
Lawyers can use several strategies to assist with California Penal Code Section 451 and 452: Arson charges. Your lawyer may focus on:
Getting Arson Charges Dismissed
A lawyer may push the court to dismiss arson charges if the prosecution has insufficient evidence or if law enforcement violates your rights during the arson investigation or legal process.
Reducing Your Charges
An attorney may also engage in plea bargaining with the prosecution to reduce the charges you face. However, a plea bargain may only represent your best choice in some cases.
Defend You in Court
Finally, you can rely on a professional lawyer to aggressively represent you in court after an arrest.
Speak With a Criminal Defense Lawyer Regarding Arson Charges
You can get professional help handling California Penal Code Section 451 and 452: Arson accusations. Get legal advice by contacting Simmrin Law Group. Fill out our online contact form or call our office to get started.
You can begin building your defense now with a free consultation. Do not ignore arson charges in California. The longer you do, the more difficult it is for your criminal defense lawyer to build a strong defense to the charges in a limited time before your first court appearance.
We can help if you face charges for a misdemeanor or felony crime.