Orange County Arson Lawyer

What is Considered Arson in Irvine, CA?

Arson is defined as the willful and malicious burning of a structure, forest land, or property. When it causes serious injury or death to someone, arson can be charged as a felony punishable by five, seven, or nine years in prison. 

California Penal Codes 451 & 452 describe three forms of arson:

• Malicious
• Reckless Burning
• Aggravated Arson

If you are facing arson charges, you need to get started building an effective defense right away. The Orange County criminal defense lawyer at the Law Offices of Christian Kim can help. With decades of experience and a 10.0 Superb Avvo Rating, Attorney Christian Kim offers dependable advocacy when your future is on the line.

Call (714) 576-2935 today to schedule your free consultation. You can also contact our team online.

California Arson Laws & Penalties

All arson charges can be tried as a felony resulting in up to 9 years in prison and up to $50k in fines. Enhancement exists for property damage, bodily injury, death, & prior convictions. When a home or commercial building is harmed, prison sentences can stretch as long as 8 years. If there are certain factors present in a case, such as multiple persons being injured by the fire, multiple structures being burned, or significant amount of damage, they may increase the punishment up to life in prison. Under California law, all arson charges are considered serious felonies and are therefore "strikes" under the Three Strikes Law. In some instances, an arson charge may be reduced to the lesser charge of "reckless burning," which requires lesser punishment and is not considered a strike.

Arson Trial Process in California

In most trials for arson, the prosecutor will call an arson investigator as an expert to testify to his opinion that a fire was an arson. In order to successfully defend against an arson charge at trial, it is crucial for the defense attorney to have knowledge and experience in arson cases to effectively cross-examine the expert.

In many cases, the opinion of the arson investigator is the only way the prosecutor can prove that a fire was an arson. An effective defense attorney knows how to challenge the basis for this opinion so that the jury does not take the statements of the expert without questioning whether the statements are credible or not.