Definition

Arson under California Penal Code Section 451, is a criminal offense and it is normally filed as either a felony or misdemeanor. Arson is when someone knowingly and willingly ignites a flame to an individual’s property, land or forest. There is a difference between malicious arson (CPC 451) and reckless arson (452). This article focuses on malicious arson for California Penal Code 451, which is a felony offense.

Elements of the Crime

In order to take an Arson CPC 451 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant purposely set fire to a property and it was damaged or

·         As a result, a victim sustained bodily injury

Punishments for CPC 451

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the severity of injuries, the form of property, and the defendant’s criminal background.

When found guilty of malicious arson, it is usually filed as a felony, which includes:

Felony charges for Arson include between sixteen months and nine years in prison, and up to fifty thousand dollars in fines. Arsonists (all types) will have to undergo psychiatric evaluation, and malicious arsonists will need to register under the California Arson Offender Registry.

Legal Defenses for California Penal Code 451

A good lawyer can present many legal and valid defenses for Arson charges under California Penal Code 451 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Arson. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Arson.

Learn more about other California Section Penal Codes here.