04 Jul Arson and Reckless Burning: What’s the Difference?
The San Diego area has experienced a string of house fires over the last several months, some of which have been categorized as arson or suspected arson. For example, a house fire in City Heights in April that resulted in an estimated $300,000 in damage was deemed intentional by the authorities. And a recent Del Cerro house fire that resulted in one death and over $800,000 in damage was suspected to be the result of arson. So, what exactly is arson?
In California, there are two major crimes associated with the burning of a structure, forest land, or property: arson and reckless burning. Arson is considered the more serious of the two. In order to convict an individual of arson in California, the following must be proved:
1) The accused set fire to a structure, forest land or property – This encompasses virtually every form of property. Examples include:
2) The accused did so willfully and maliciously – A fire set to a structure, forest land, or property must be willful and malicious. In order for an act to be willful, it must be deliberate. In other words, arson charges may not result from an accidental fire. And maliciousness is the intentional engagement in a wrongful act with the intent to damage the property of another.
Reckless burning is essentially the same as arson but with a lesser intent requirement. The mental state required to be convicted of reckless burning is one that constitutes a gross deviation from the conduct of a reasonable individual. In other words, recklessness is a step beyond mere negligence—it requires an awareness of the substantial risks involved in one’s actions. For example, starting a fire in a dry area on a windy day could potentially result in a reckless burning charge if the fire results in property damage or injury.
The penalties associated with both arson and reckless burning can be severe, and all persons charged with these crimes should immediately seek the assistance of legal counsel. Arson penalties are determined based on a number of different factors, such as the type of property damaged and whether the fire resulted in injury. An arson conviction can result in up to nine years in prison, up to $50,000 in fines, and a strike under California’s Three Strikes Law. In addition, a reckless burning conviction, a misdemeanor, can result in up to 12 months in jail, probation, and a fine of up to $1000.
San Diego Arson Defense Attorneys
Given the severity of arson and reckless burning charges, anyone charged with these crimes should immediately seek legal representation. At the Law Offices of Kerry L. Armstrong, we are experts in the areas of arson and reckless burning defense. Our experienced criminal law lawyers work diligently on behalf of all of our clients in order to achieve the most favorable results possible. If you are facing criminal charges of any kind, please contact us for a free consultation.