Category : arson

Property Crimes Such as Arson in California Are Extremely Serious

California considers crimes of arson extremely serious, especially during the fire season.   The definition of arson under California Penal Code Section 451 is “the willful and malicious burning of a structure, forest, or land”. If you committed a burglary at the time of the fire, you could also be charged with burglary under Penal Code 459, trespass under Penal Code 602 or first degree murder under Penal Code 187 for the California felony murder rule if someone died in the fire that you intentionally started. Arson laws do not apply when you set your own property on fire, unless you did it with the intent to commit California insurance fraud by collecting money from an insurance company, or you caused injury to another person or to their home, property or land.

Penalties and Sentencing

Sentencing and penalties for California arson crimes vary depending on the following factors:

·    Type of conviction- malicious or reckless arson.
·    Type of property involved.
·    Whether anyone was injured or killed as a result of the fire.
·    Your past criminal history.
·    Results of psychiatric or psychological evaluations.

Misdemeanor reckless burning (California Penal Code Section 452).

·    Information or summary probation, up to one-year county jail time and a fine up to $1,000.

Felony arson or reckless burning (Penal Code 451 or 452).

·    Up to 16 months to nine years in a California State Prison and fines up to $50,000 or twice that amount if the crime was for actual or future financial gain and a third strike felony penalty if you have prior felony convictions under the California Three Strikes Law if you were convicted of malicious arson under Penal Code 451.

Aggravated arson.

·    Additional and consecutive sentences of one to five years in the California State Prison for either a prior felony conviction for malicious or reckless arson under either Penal Code 451 or 452, or if severe bodily injury occurs to a firefighter, peace officer or other emergency personnel as a result of the fire or you used an accelerating device to start the fire or to delay ignition.

The following aggravating circumstances require that you must register as a convicted California arson offender:

·    The fire was in retaliation against the person who you knew or believed owned the building such as a former landlord who may have evicted you.
·    You intentionally set fire to a building or structure you knew was a place of worship.
·    Prior arson convictions within ten years or if the damage or losses were in excess of $5,650,000 or you damaged five or more inhabited structures. You also face a California State Prison sentence of 10 years to life without the possibility of probation.
·    Murder, whether intentional or unintentional under the California felony murder rule during an arson that was committed intentionally is considered a first degree murder charge in California with a sentence of 25 years to life in prison, life in prison without the possibility of parole or the death penalty.
·    You possessed, manufactured or disposed of flammable or combustible materials or a device in connection with arson or attempted arson.

The length of time you must register depends on factors such as whether you were an adult at the time of the conviction and when you were convicted. Failing to register is a misdemeanor charge with a six month to one-year sentence in the county jail.

Case Example:

A series of fires broke out on Friday November 12, 2010 near the Paiute Cultural Center, Brockman and Diaz lanes, Peoples’ Park behind the J Diamond Mobile Home Park, and also on Saturday November 13, 2010. One fire started around 7:30 p.m. in the trees and heavy brush off See Vee Lane on the Bishop Indian Reservation and a second fire erupted three hours later in the same area. California investigators from the Inyo Sheriff’s Department, Bishop Police and California Highway Patrol, with the assistance of Cal Fire and Bishop Fire, were able to narrow down three suspects and make arrests. The three suspects, teenage boys, Thomas Stone, 18, Jared Manga, 18 and a 16-year-old juvenile were arrested three days later on November 15, 2010 for arson and conspiracy for setting the fires. According to investigators, these fires could have caused a large amount of damage and potential loss of life had it not been for the quick responses by Bishop Fire and investigators, which helped avoid any tragedies. Bail for Stone and Manga was set at $250,000.

Defenses

Arson investigations require sophisticated and trained police units and teams with expertise in chemical analysis and forensic evidence who are able to determine the cause and origin of the fire. K-9 dogs are also used to determine the presence of ignitable liquids such as gasoline, charcoal lighter, lighter fluid, paint thinner, kerosene and others at the scene and on people or clothing.  Since the majority of arson crimes do not involve witnesses, the investigators must be able to link the evidence of the fire to the arsonist in order for the prosecutor to obtain a conviction.

If you have been arrested for arson in California, it is crucial that you hire a California criminal defense attorney to defend you. California arson laws are very strict and have harsh and severe punishments and penalties. The attorney can argue defenses such accident without intent, insufficient evidence, mistaken identity; you were falsely accused or wrongfully arrested.  The attorney works with expert arson witnesses who can explain to the judge or jury whether or not there was evidence at the scene of the fire that indicates an arson took place such as flammable liquids or melted copper wiring. If you are have been convicted of an arson requiring registration as a California convicted arson, you may be eligible for a certificate of rehabilitation. The attorney can assist you with this process or help you with obtaining an expungement under California penal Code 1203.4 so that you do not have to register as a convicted arson offender.

Texas Panel Meets to Discuss Wrongful Execution

A panel is set to meet this week regarding whether or not a man was wrongly executed in Texas for a crime he didn’t commit.

Even while he was awaiting his execution, the man pleaded with authorities claiming he was innocent.

Deadly Fire Leads to Execution

Cameron Willingham was working as an auto mechanic when his house, where his one-year-old twins and two-year-old stepdaughter were, was set on fire.

Willingham was charged, imprisoned and eventually executed for the deaths of the three children resulting from the fire.

Now, 17 years after the fire, and four years after Willingham’s execution, a state commission is being investigated for the decision.

Innocence Could be Proven too Late

In response to a complaint filed by The Innocence Project, the nine-member Texas Forensic Science Commission is now conducting a thorough investigation of Willingham’s criminal case.

Along with Willingham’s case, the commission is also going to investigate another arson fire that happened in 1986 in Texas and cost Ernest Willis his life.

(Source: Houston Chronicle)

Do you know someone who has been wrongly convicted of a crime? If so, please contact us to speak with an experienced and trustworthy attorney who will help your loved ones receive the legal support they need and deserve.