We’ve successfully handled complex arson cases. We’ll investigate thoroughly to protect your rights and freedom.
If You’ve Been Charged With Arson in Chula Vista...
In California, arson is a felony—even if no one got hurt. If there’s an allegation that the fire was set on purpose, you could be looking at years in prison, strike enhancements, or worse if someone was injured. Prosecutors rely on circumstantial evidence, shaky forensics, and pressure tactics to secure convictions. You need experienced defense—now. Your future is burning. Let’s put the fire out.
If you’re facing arson charges in Chula Vista or the surrounding areas of San Diego County, you need a criminal defense attorney with the knowledge, experience, and dedication to protect your rights and fight for your freedom.
At David P. Shapiro Criminal Defense Attorneys, our team understands the severity of arson allegations and the life-changing consequences a conviction can bring. We’re here to provide the legal representation you need during this challenging time.
Arson Charges Under California Law
In California, arson is defined under California Penal Code 451 as willfully and maliciously setting fire to or burning any structure, forest land, or property. The key elements prosecutors must prove are that you acted intentionally and with malice. This means accidentally starting a fire wouldn’t meet the criteria for an arson charge.
The law distinguishes between malicious arson and reckless burning. Malicious arson involves deliberately setting a fire with the intent to cause damage, while reckless burning means starting a fire with a disregard for the potential consequences. Both can lead to felony charges, but the penalties for malicious arson are typically harsher.
If convicted of arson under California Penal Code 451, you could face:
Two, three, or six years in state prison for arson of personal property
Three, five, or eight years for arson of a structure or forest land
Five, seven, or nine years if the arson causes great bodily injury
Additional years if multiple structures are burned or if the fire was set in an area under emergency drought conditions
Beyond prison time, you may have to pay substantial fines and restitution to compensate for property damage or injuries caused by the fire.
Charged With Starting a Fire? You Could Lose Everything
Defending Against Arson Allegations in Chula Vista
Just because you’ve been accused of arson doesn’t mean you’ll be convicted. There are many potential defenses a skilled criminal defense lawyer can raise on your behalf. Some common arson defenses include:
Lack of Intent
To be guilty of arson, you must have acted willfully and maliciously. If the fire was started accidentally, such as by dropping a cigarette or leaving a stove on, that would not meet the intent requirement for an arson conviction.
Mistaken Identity
In some cases, the wrong person is accused of starting the fire. This can happen if there are no reliable eyewitnesses or if the description of the suspect is vague. Your attorney can challenge any eyewitness identifications and present evidence of your alibi if necessary.
False Accusations
Unfortunately, people sometimes falsely accuse others of crimes like arson out of anger, jealousy, or a desire for revenge. If you believe someone has made a false allegation against you, your lawyer can investigate the accuser’s motives and credibility.
Insufficient Evidence
The prosecution has the burden of proving arson beyond a reasonable doubt. If there isn’t strong physical evidence tying you to the fire, or if the evidence was improperly collected or handled, your attorney can argue it’s insufficient to support a conviction.
Developing the right defense strategy requires a thorough investigation into the circumstances of the alleged arson. Our team will analyze all available evidence, interview witnesses, review surveillance footage if available, and consult with experts to poke holes in the prosecution’s case. We also have experience negotiating with prosecutors to get arson charges reduced or dismissed when possible. If necessary, we’re fully prepared to take your case to trial and fight for an acquittal.
How Our Chula Vista Criminal Defense Attorneys Can Help with Your Arson Case
When you hire David P. Shapiro Criminal Defense Attorneys to handle your Chula Vista arson case, you’ll have a strong advocate in your corner every step of the way. Our attorneys have decades of combined experience defending clients against all types of criminal charges in San Diego County, including arson and related offenses like reckless burning.
We understand the intricacies of California’s arson laws and the most effective strategies for challenging these serious allegations. We’ll take the time to listen to your side of the story, answer your questions, and keep you informed at every stage of the legal process. Our goal is to resolve your case as favorably and efficiently as possible so you can move forward with your life.
Some of the key benefits of choosing our law firm include:
Extensive experience handling complex criminal cases in Chula Vista and throughout San Diego County
In-depth knowledge of arson laws under the California Penal Code
Aggressive defense strategies tailored to the unique facts of your case
Skilled negotiation with prosecutors to obtain charge reductions or dismissals
Persuasive courtroom arguments if your case proceeds to trial
Responsive communication and personal attention throughout the duration of your case
We offer confidential consultations, so you can discuss your arson case with an experienced attorney and learn more about your legal options without any upfront costs. We’ll give you an honest assessment of your case and help you weigh the pros and cons of fighting the charges versus pursuing a plea bargain.
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Consequences of an Arson Conviction in California
A conviction for arson can have far-reaching consequences that extend well beyond any court-ordered punishment.
In addition to potentially lengthy prison sentences and hefty fines, a felony arson conviction on your record can impact nearly every aspect of your life, including:
Employment opportunities, as many employers are hesitant to hire someone with a serious felony conviction
Professional licensing, as an arson conviction, can disqualify you from holding certain professional licenses
Housing options, as landlords often conduct background checks and may refuse to rent to someone with a criminal record
Immigration status, as an arson conviction, can lead to deportation for non-U.S. citizens
Personal relationships, as the stigma of an arson conviction can strain relationships with family and friends
The long-term consequences of an arson conviction underscore the importance of putting forward the strongest possible defense. Our attorneys will work tirelessly to help you avoid a conviction or minimize the potential penalties.
Schedule a Consult with Our Chula Vista Arson Attorneys
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
If the fire was started unintentionally, such as by leaving a candle burning or tossing a cigarette without fully extinguishing it, you shouldn’t be convicted of arson. The prosecution would have to prove you acted willfully and maliciously. However, accidental fires can sometimes lead to charges of reckless burning if you acted negligently.
Can I be charged with arson if no one was hurt?
Yes, you can face arson charges even if the fire didn’t cause any injuries. California Penal Code 451 applies to the burning of structures, forest land, or property – it doesn’t require actual bodily harm. However, if someone does suffer great bodily injury due to the fire, you could face an enhanced sentence if convicted.
How soon should I contact an attorney if facing arson allegations?
If you’ve been arrested for arson or believe you’re under investigation, it’s essential to contact a criminal defense lawyer as soon as possible. The earlier your attorney gets involved, the more time they’ll have to start building your defense and gathering exculpatory evidence. Attempting to handle arson allegations on your own could jeopardize your case.
What factors impact the severity of arson charges?
The potential penalties for an arson conviction depend on several factors, including:
The type of property burned (personal property vs. structure or forest land)
Whether the fire caused great bodily injury
Whether the arson occurred in an area under a state of emergency due to drought conditions
Whether the accused has any prior arson convictions
Other case-specific factors, such as the extent of property damage and whether anyone was put at risk, can also influence how the prosecution handles your case.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
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