It is considered arson in California if someone sets something on fire on purpose. The state’s hot, dry environment has produced several problems in prior years, including major wildfires. As a result, if someone sets fire to something, they may face accusations of arson.

The severity of the penalty for arson varies greatly depending on the sort of arson. The two primary varieties are malevolent and careless, with the fundamental distinction being the motivation of the accused culprit. It’s worth noting that even an unintentional fire might result in jail time. As a result, if you are charged with or accused of arson, it is usually worthwhile to speak with a criminal defense attorney in Irvine CA.

The more serious offense is malicious arson

To be found guilty of malicious arson, the prosecution must show that someone not only set anything on fire, but did so on purpose and with the intent to do substantial harm. If they ignite the fire to injure someone, cheat an insurance company, or upset their neighbors, for example. It is not necessary for the alleged culprit to have totally burned the property; just starting a fire might result in a conviction.

Most of the time, the property that was torched belonged to someone else. As a result, someone setting fire to their own property is unlikely to be prosecuted with arson. However, there are several exceptions: if someone was hurt in the fire or if the fire was started to defraud someone or a corporation.

Arsonists who are careless with their fires are more prevalent

Careless arson, often known as reckless burning, is a less severe offense. The prosecution must show that the accused started the fire and behaved carelessly in order to get a conviction. The term “reckless” is defined by the law as disregarding knowing hazards and doing conduct that the courts do not consider reasonable.

It’s important to note that recklessness and negligence are not synonymous. Consider this scenario: If a person left their house with the stove on and a fire broke out, it would be deemed negligent and they may be held accountable in civil court, but it would not be considered reckless and subject to criminal prosecution.

On the other hand, throwing a lighted cigarette into dry land would be irresponsible because the person knew the location was dry and that the cigarette may spark a fire, yet they nonetheless tossed it. In both cases, it is important to hire a criminal defense attorney in Irvine CA for help.

Get in touch with a criminal defense attorney in Irvine CA right away

If you have been charged with arson or have been accused of it, it is likely that you will need the assistance of a criminal defense attorney in Irvine CA. For a free legal consultation, call Simmons Wagner, LLP at (949) 439-5857 right now. We may discuss the charges against you, the evidence, and your side of the story to see what the best course of action is.