Los Angeles Criminal Law Blog
     


Arson, A Nightmare for Los Angeles - Part 1

Posted on: November 19, 2008 at 11:27 a.m.

Every year in Southern California, wildfires burn in one or more of the cities, costing millions of dollars and sometimes even the lives of the people who live there. This year was no different, with fires burning in Sylmar, Santa Barbara and other cities. While some fires are caused by the combination of hot winds, lack of rainfall and the bright sun, other fires are caused by humans. Arson is a serious crime, usually charged as a felony, and unfortunately it has become a serious matter in Los Angeles.

A homeless man has been sentenced to nearly four years in prison and ordered to pay more than $101 million for starting two fires, including one that burned more than 163,000 acres in California two years ago. Fifty-year-old Steven Emory Butcher was convicted in February of starting blazes in the Los Padres National Forest in 2002 and 2006.

The 2006 fire raged for more than a month and cost more than $78 million to suppress. It injured 18 people, destroyed 11 structures and was the fifth-largest fire in California history, according to the California Department of Forestry and Fire Protection.

Under the criminal law of most states, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended.

CALIFORNIA CODES PENAL CODE

451. 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 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 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.

Los Angeles arson defense attorneys have to handle not only a court, but popular opinion. When television stations and news outlets show the mass fires, the smoke filling the air and houses burned to the ground, it makes regular people have a very low opinion of anyone who starts a fire - whether intentionally or unintentionally. This can make it a real battle for any Los Angeles arson defense attorney, in court and before charges are filed.

If you've been charged with or accused of arson, the best thing to do is contact a competent Los Angeles arson defense attorney immediately; because he/she will be able to help you sort through the matter and get to the real details.

Tagged as: arson pc 451, california criminal laws

Comments:

Tatiana Vardanyan on November 30, 2008 at 11:02 p.m. wrote:

I wonder what Butcher's motive was for intentionally starting 2 fires resulting in a tremendous loss for the individuals who were effected as well as the city >>>? I agree with the above comment, 4 to 6 years of prison time appears unjust bearing in mind the magnitude of the crime.


Rachel Franzoia on November 30, 2008 at 10:38 p.m. wrote:

The criminal codes state that a person found guilty of arson can be jailed for 5-9 years for injury to other persons, and similarly states sentences for harm to structures and land. Therefore, it seems to me that in a case where a single person causes injury to 18 individuals and over 163,000 acres of land, these sentences would be combined into a more lengthy prison sentence that reflects the enormity of the crime committed. This especially seems more appropriate than charging a homeless man to pay for the damage caused, who will never be able to pay monetarily for the damage that he caused.


Aida Ter-Khachatryan on November 26, 2008 at 3:46 p.m. wrote:

Its depressing when we hear about the Southern California Wildfires. All the forests that are burning down, homes and businesses that are lost leaves most people temporarly jobless and homeless. My friends uncle was affected by the recent Sylmar fire a few weeks ago and he was telling us how its the worst thing to lose everything you have in your home. Sometimes I try to picture myself in the same situation as these people. While being forced to evacuate my house, which item(s) would I pick up on my way out? There are a lot of memories that you wouldnt want to leave behind and these people affected by these fires experience this horrible situation. Wildfire have become normal tragic events in Souther California especially in the months of October and November. But when a person intentionally starts a fire in forests, residential areas and buildings, they should be put away for more han 4-6 years. This short period of time should be extended for such horrific crimes.




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