It is not news that the dry conditions in California mean that any fire can spread quickly and do a serious amount of damage. It should then not be surprising that the state aggressively prosecutes anything they view might be arson. This is why it is essential that you contact an arson defense attorney if you have been accused of or charged with arson.
The Main Arson Charges
Arson is not a single charge – there are actually several different arson charges, each with its own penalties. The specific charge you are likely to face, and the penalties you will be assigned, will vary based on the type of property that was burned, what your intent was, how much damage was done, whether or not others were hurt or killed, and your criminal history. The main types of arson charged in California include:
- Arson. This charge involves willfully or maliciously burning someone’s property. It could be nothing more than their shoe or their entire property. Arson is always charged as a felony in California.
- Reckless burning. You could start a fire entirely by accident and be charged with reckless burning. The most known example of this is throwing a cigarette butt out the window and starting a blaze.
- Aggravated arson. In some instances, a person can face enhanced penalties if they are a repeat offender, if they burned several structures at once, if several people were hurt, or if a first responder was hurt.
- Arson homicide. As you might have guessed, this involves the death of someone as a result of the fire you set. You do not have to have known that there was anyone in the property or have had the intent to kill anyone. The felony-murder rule holds that if someone dies while a person is committing a felony, that the perpetrator can be charged with first-degree murder, which comes with a sentence of 25 years to life.
No matter how it might feel, your case is not hopeless. Talk to a criminal defense attorney and find out what your best defense is.
Not Just Any Attorney Has the Experience to Handle Arson Charges
It is important to understand that arson cases generally involve complex forensic evidence and not every attorney has the right background to handle this. Attorney Fell does. We know how to interpret the arson investigation reports, we know how to find the evidence that is needed for your defense, and we know how to fight for your fair treatment.
If you have been charged with or have been accused of arson charges then we invite you to contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation. We can go over your case, provide advice on how to move forward, and help with your case.