Arson

To prove that a defendant is guilty of arson, the prosecution must prove that:
(1) the defendant set fire to or burned, or counseled, helped, or caused, the burning of a structure, forest land, or property, AND
(2) he or she acted willfully and maliciously.

To set fire to or burn means to damage or destroy with fire all or part of something, no matter how small the part. A person acts willfully when he or she does it willingly or on purpose. A person acts maliciously when he or she intentionally does a wrongful act. A person does not commit arson if the only thing burned is her or her personal property, unless he or she acts with the intent to defraud, or the fire also injures someone else or some else’s structure, forest land, or property. (CALCRIM No. 1515; Cal. Penal Code §451)

There are several different types of arson cases. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to one variation of this crime and are intended to provide general information regarding the most common issues presented in such cases.

If you or someone you love has been charged with arson, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!