Arson


Arson is considered a general intent crime. This means that the defendant need not have intended the specific results, namely the burning of a structure, forest land, or property. What matters are the actions that the defendant undertook that caused such a result. Generally, a person cannot commit "arson" against his own property, unless there is intent to defraud or where there is injury to someone else's body or property. Arson is considered a dangerous felony, which requires the person convicted of either arson or attempted arson to register with the state of California. Upon release from prison, the probation department will require the person to read and sign the form required by the Department of Justice. Copies of this form will be sent to the county where the probationer will live upon release. If the person moves, they are required to notify the law enforcement agency with whom they had to register upon release of their new address. The law enforcement agency will, in turn, inform the Department of Justice. Thus, a conviction for arson, even attempted arson, brings a lifetime of registration and hassle. Further, if any of the provisions of release are violated, then the person will be guilty of a misdemeanor, requiring confinement in county jail for a minimum of 90 days, plus an additional year of probation.

Arson is defined in California Penal Code, Section 451, which reads:

"A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property."

In order for a burning to be considered "arson," the following terms must apply, as defined by Penal Code Section 450:

 "Structure" means any building, or commercial or public tent, bridge, tunnel, or power plant.

 "Forest land" means any brush covered land, cut-over land, forest, grasslands, or woods.

 "Property" means real property or personal property, other than a structure or forest land.

 "Inhabited" means currently being used for dwelling purposes whether occupied or not. "Inhabited structure" and "inhabited property" do not include the real property on which an inhabited structure or an inhabited property is located.

 "Maliciously" imports a wish to vex, defraud, annoy, or injure another person, or intent to do a wrongful act, established either by proof or presumption of law.

 "Recklessly" means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

Arson is a felony, punishable by a term of imprisonment in the state prison. The length of the sentence is variable, dependent on the level of damage.

 Arson that is the cause of great bodily injury is punishable for 5, 7, or 9 years.
 Arson which burns an inhabited structure or property is punishable for 3, 5, or 8 years.
 Arson which burns a structure or forest land is punishable for 2, 4, or 6 years.
 Arson of property is punishable for 16 months, 2, or 3 years.

Aggravated Arson

Aggravated arson requires greater destruction than a general arson conviction requires. The punishment for aggravated arson is also greater. Aggravated arson requires one or more aggravating factors, as defined by Penal Code Section 451.5:

(a) Any person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons or to cause damage to property under circumstances likely to produce injury to one or more persons or to cause damage to one or more structures or inhabited dwellings, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of any residence, structure, forest land, or property is guilty of aggravated arson if one or more of the following aggravating factors exists:

(1) The defendant has been previously convicted of arson on one or more occasions within the past 10 years.

(2)
(A) The fire caused property damage and other losses in excess of five million six hundred fifty thousand dollars ($5,650,000).

(B) In calculating the total amount of property damage and other losses under subparagraph (A), the court shall consider the cost of fire suppression.

(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.

(b) Any person who is convicted under subdivision (a) shall be punished by imprisonment in the state prison for 10 years to life.

(c) Any person who is sentenced under subdivision (b) shall not be eligible for release on parole until 10 calendar years have elapsed.

Post-Conviction Relief

The punishments for arson are very harsh: felony status, state prison time, and mandatory lifetime registration so long as the person's residence is in California. However, there are some options to offer relief from the burdens associated with registration.
After 5 years from the date of release from parole, the person is allowed to apply for a California Certificate of Rehabilitation. A successful Certificate of Rehabilitation acts as an automatic pardon application to the California State Governor's office, and relieves the registrant from any further duty to register for the arson offense. A Certificate of Rehabilitation requires that the applicant have been a California resident for the prior 3 years before applying. Essentially, the Certificate of Rehabilitation is a court order declaring the person to be rehabilitated. The laws pertaining to this process can be found in California Penal Code sections 4852.01 to 4852.21.
Where the person did not serve time in state prison for arson, but rather was sentenced to county jail, the person may be relieved of the duty to register if that person is granted an expungement under Penal Code Section 1203.4. The effect of an expungement, besides getting the person off registration, is the literal dismissal of the original conviction. The person's criminal records will be updated to reflect that the conviction is dismissed, pursuant to California Penal Code Section 1203.4. The expungement process goes through the original court that issued the arson conviction. The court will look for the following criteria:
 The person is no longer on probation, and
 The person is not now serving a sentence for any offense, or have charges pending for any offense