Skip to content 
Arson is a grave felony under California law, and with the recent rise in destructive fires across the state, authorities are taking these offenses very seriously. If you have been wrongfully accused of arson or need guidance regarding post-conviction relief after an arson conviction, the Law Offices of Nabiel C. Ahmed in Oakland, California, is here to assist you. In this comprehensive guide, we will delve into the essentials of California’s arson law, the penalties associated with various acts of arson, and the criteria for expunging an arson conviction from your criminal record.
Understanding California’s Arson Law
Defining Arson Under Penal Code 451 PC
Established under Penal Code 451 PC, California’s law criminalizes the act of willfully and maliciously setting fire to various types of property, including structures, forest land, or personal belongings. For the prosecution to secure a conviction for arson, they must substantiate two critical elements:
- You set fire to or caused destruction of a structure, forest land, or property; AND
- Your actions were willful and malicious in nature.
Types of Property Involved in Arson
The definition of a “structure” can include buildings, bridges, tunnels, and more. “Forestry land” may pertain to areas like grasslands, woodlands, or brush-covered regions, while “property” can encompass personal items, such as clothing and debris. It is important to note that harming your own property generally does not constitute arson, except in cases where there is intent to commit fraud or potential injury to another party.
The Scope of ‘Setting Fire’
Importantly, setting fire or burning something entails damaging or destroying any part of an item through fire. Even minimal damage, such as charring a wooden surface, may serve as valid evidence of burning. Examples might include igniting another person’s vehicle or sparking a wildfire by tossing a lit cigarette onto dry grasslands.
Consequences of Arson Convictions
Punishments Associated with Arson
Despite the perception that arson could be a lesser crime, it is treated severely as a felony in California. Depending on factors like the type of property involved and any resulting injuries, penalties can vary significantly:
- 16 months, 2 years, or 3 years in state prison for the malicious arson of personal property.
- 2, 4, or 6 years in state prison for maliciously burning a structure or forest land.
- 3, 5, or 8 years in prison for causing an inhabited structure or property to burn.
- 5, 7, or 9 years for arson resulting in great bodily injury.
Collateral Consequences of Arson Charges
Beyond the immediate penalties, individuals convicted of arson may face subsequent immigration ramifications, potentially resulting in the deportation of non-citizens or restrictions on their path to citizenship. Additionally, California law restricts felons from possessing firearms, which can have far-reaching implications on their personal rights.
Expungement Options for Arson Convictions
Fortunately, in specific situations, individuals with an arson conviction may pursue expungement of their record. To qualify for this process, one must meet at least one of the following conditions:
- Successfully complete a probationary period; or
- Complete a jail term.
Expert Assistance in Arson Cases
The Role of Legal Representation
If you find yourself charged with arson or have inquiries concerning an existing felony arson conviction, the Law Offices of Nabiel C. Ahmed can provide the expert guidance you need. Our team possesses extensive knowledge of California’s arson regulations and recognizes the heightened sensitivities surrounding such offenses in the state, particularly in recent years.
Building Your Defense Against Arson Accusations
Even a minor incident related to fire may lead to an arson charge, making it critical for you to have a robust defense strategy. Our firm is dedicated to advocating on your behalf to mitigate the severe consequences you may be up against due to these allegations.
Your Future Is Important—Take Action Today
Do not allow an arson conviction to jeopardize your future or infringe upon your constitutional rights. Reach out to us today for a consultation and take the first step toward a robust defense strategy that protects your interests. Contact us at 510-576-5544 and let us guide you through this challenging time.
Listen on Spotify
