San Bernardino Arson Defense Attorneys

Defending Californians who have been charged with malicious arson or reckless arson in San Bernardino.

Have you been accused of arson and you’re not sure where to turn? Arson is a serious crime that involves intentionally setting fire to a property. Under California’s Penal Code 451 and 452, it is a crime to set any building, land or property on fire, including your own home or business.

If you have been charged with arson, you need experienced San Bernardino arson defense lawyers on your side. The Law Offices of David S. Chesley have worked on dozens of arson cases in our past 50 years, and we know how to successfully reduce or drop the charges. For the highest quality legal representation, contact our criminal defense attorneys today.

What Constitutes Arson Under California Law?

Arson is a deliberate and willful act where a person maliciously burns a property. This is a criminal offense in the state of California, though the seriousness of the crimes vary. Depending on the severity of the crime and the amount of damage done, an arson charge can result in a misdemeanor or a wobbler, which is a crime that can be punished as either a misdemeanor or felony. It “wobbles” in between both charges.

Here are some examples of arson:

• Setting your property on fire to get the insurance money
• Setting land on fire that you don’t own the rights to
• Setting fire to forests or farmland
• Setting fire to a public structure
• Setting fire to an abandoned property
• Setting fire to a vehicle in an act of revenge

California Penal Code 451 – Malicious Arson

California Penal Code 451, malicious arson occurs when a person sets fire to or burns a structure, including land, forest or property. The fire must have been set maliciously, which is willingly and on purpose. It doesn’t matter if you didn’t mean to break the law. What matters is that you deliberately caused a fire. To be convicted of malicious arson, the prosecutor will need to find you guilty on both elements.

California Penal Code 452 – Reckless Arson/Reckless Burning

Under California Penal Code 452, reckless arson occurs when a person sets fire to property but does so recklessly, not maliciously. What’s the difference?

You may not have purposely caused a fire, but you were aware that your actions could result in one. You ignored that risk and a fire occurred, which makes the behavior reckless. Examples of reckless behavior include throwing a cigarette into dry brush or lighting a match next to flammable materials.

It’s important to point out that reckless doesn’t mean careless or negligent. We all do things that we don’t mean, and that doesn’t make them a crime. If you forget to turn off the stove because you were rushing out the door, you cannot be charged with arson. Reckless behavior is selfish behavior because it means you carry out acts with disregard for safety.

Intent Makes a Difference

Intent is a very important factor in arson cases. In order to be convicted of arson, the prosecutor must show that it was a deliberate and malicious act. An accidental fire is not grounds for an arson conviction.

For an act to be malicious does not mean that you tried to harm someone. Rather, it means that you intended to burn the structure and you knew what would happen if you did. This intent shows that you knew what you were doing and the consequences that could ensue.

If someone was hurt or killed in the fire, the charges filed against you could be more severe. As an example, if you set fire to a home and a person was killed, you could be charged with murder under California Penal Code 187.

The lines can be blurred in arson cases, which is why you need the most qualified criminal defense attorneys in San Bernardino. The laws are becoming more strict, so damage does not have to be serious or widespread to be convicted of arson.

Possible Legal Defenses for Arson

When you schedule a consultation with our San Bernardino arson defense attorneys, we will discuss the details of your case and determine the best legal defense. We are experienced in these types of cases and know the most effective ways to get your charges reduced or dismissed.

Here are some of the most common legal defenses that can be useful in fighting San Bernardino arson cases:

• Fire was an accident
• Evidence against you is insufficient
• Accusations against you are false
• You are a victim of misidentification
• Fire was not the result of arson

Possible Penalties for an Arson Conviction in San Bernardino

The penalties for arson vary depending on the severity of the damage and whether you are convicted of malicious arson or reckless arson. If someone was harmed or killed in the process, the charges brought against you will be much more serious. In many cases, the judge will also look at your criminal history to see if you are someone who frequently engages in reckless behavior.

Malicious arson is always a felony under California law. It is punishable by imprisonment in a California state prison. The potential prison terms for malicious arson are:

• Sixteen months, two years or three years for malicious arson of personal property
• Two years, four years or six years for malicious arson of a structure or forest
• Three years, five years or eight years for malicious arson that caused an abandoned property to burn
• Five years, seven years or nine years for arson that causes bodily harm

Additionally, malicious arson carries a fine of up to $10,000 as well as additional fines if you performed the act to claim insurance money. Under California’s Three Strikes Law, you may also get a “strike” on your criminal record.

Possible Penalties for a Reckless Arson Conviction

Reckless arson is a misdemeanor under PC 452. The penalties are less severe and typically include six months in a county jail and a fine of up to $1,000. Keep in mind that reckless arson is considered a wobbler crime, which means it can also be charged as a felony depending on the details of the case.

If an entire property was burned to the ground, or someone was hurt in the fire, the case could be charged as more than a misdemeanor, even though it was caused by reckless behavior.

Get a Free Consultation from Our San Bernardino Arson Defense Lawyers

If you have been accused of arson, call the experienced San Bernardino arson defense attorneys at the Law Offices of David S. Chesley. We will review the details of your case and determine the best legal defense. With decades of courtroom experience and our own understanding of science and technicalities from our time spent as prosecutors and investigators, we understand arson cases and how to fight them. Call us today for your free consultation.