Crime of Arson: California Penal Code Section 451(a),(b),(c),(d),(e)

Posted on: November 20, 2008 at 11:20 a.m.

Criminal defense of arson charges in Southern California courts revolves around (1) questioning the identity of the suspect - how is he linked to the fire (2) establishing intent - was the fire started intentionally or accidentally and (3) reviewing the other legal elements required for prosecution pursuant to Penal Code Section 451.

The wildfire that began in the Santa Barbara area earlier this month was apparently an act of accidental arson. The fire that destroyed scores of homes in Montecito and Santa Barbara was caused by a group of young people who had built a bonfire.
A group of 10 young men and women described by authorities as locals went to the Tea house, an abandoned mansion, for a bonfire party. They told Santa Barbara County sheriff's investigators that they had put the fire out before they left that night. But authorities believe the fire continued to smolder before breaking out into fire when winds swept in Thursday afternoon. Last year, officials arrested several people who allegedly started a bonfire in some caves above Corral Canyon in Malibu, where flames burned dozens of homes.
Arson is a serious matter, especially in Los Angeles where the yearly fires cost millions of dollars in damage, as well as the lives of some home owners. Arson is a serious crime, and the laws hand down stiff penalties to individuals who commit the crime, whether purposefully or accidentally. Criminal defense attorneys who defend arson cases often have to dig through piles of facts, research and so forth to find out exactly what the prosecution will portray as the truth.
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.
To enforce state fire and forest laws, the California Department of Forestry and Fire Protection's 300 plus officers are busy year round investigating fire causes, interviewing witnesses, issuing citations and setting up surveillance operations. Additionally, law enforcement staff provides assistance when requested by local fire and law enforcement agencies in arson, bomb, fireworks, and fire extinguisher investigations, as well as disposal of explosives. Office of the State Fire Marshal Arson and Bomb Specialists provide fire and bomb investigation services to state-owned facilities, and provide assistance to local government fire and law agencies. The Department's investigators have a very successful conviction rate.
Criminal defense attorneys who defend those accused of arson understand that the laws governing arson are strict and harsh. According to California Penal Code 451.5. (a) Any person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons or to cause damage to property under circumstances likely to produce injury to one or more persons or to cause damage to one or more structures or inhabited dwellings, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of any residence, structure, forest land, or property is guilty of aggravated arson if one or more of the following aggravating factors exists:
(1) The defendant has been previously convicted of arson on one or more occasions within the past 10 years.
(3) The fire caused damage to, or the destruction of, five or more inhabited structures. (b) Any person who is convicted under subdivision (a) shall be punished by imprisonment in the state prison for 10 years to life. (c) Any person who is sentenced under subdivision (b) shall not be eligible for release on parole until 10 calendar years have elapsed.

Tagged as: arson pc 451, california criminal laws

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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

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Crime of Arson: California Penal Code Section 451(a),(b),(c),(d),(e)

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