Bakersfield Arson Lawyer

Providing Skilled Defense to Arson Charges in California

In the state of California, arson is defined as any reckless, willful, or malicious act that results in a fire that damages a property, structure, land, or forest. The penalties for this crime can vary depending on the circumstances, such as where the incident took place and the extent of the damage or if anyone was injured or killed. If you are facing arson charges, contact the arson attorneys at Brehmer Law Corporation for the exceptional legal services you need to protect your future.

What Factors are Involved in Arson Sentencing?

As mentioned above, there not all arson offenses are treated identically. Several factors are taken into account when determining the consequences of an arson conviction.

Below are some of the factors that play a significant role in sentencing:

• If the crime resulted in severe bodily injury, it would be treated as a felony, punishable by up to nine years in state prison and lifetime registration as an arsonist.
• If the crime resulted in substantial damage to a structure or property with inhabitants, it would be treated as a felony, punishable by up to eight years in state prison and lifetime registration as an arsonist.
• If the crime resulted in burned forest land or the burning of any structure, it would be treated as a felony, punishable by up to six years in state prison and lifetime registration as an arsonist.
• If an individual commits arson of any property for the purposes of insurance fraud, it would be treated as a felony, punishable by up to three years in state prison and lifetime registration as an arsonist.
• If a death occurred due as a result of the crime, the defendant could also face murder charges and lifetime registration as an arsonist.
• Additionally, attempted arson is a felony, punishable by up to three years in state prison and lifetime registration as an arsonist.

Arson is treated seriously in California, which is why it is so imperative to hire experienced legal representation is vital to the success of your case.

Common Defenses Against Arson Charges

Arson charges are serious criminal accusations involving the intentional setting of a fire to property. Defending against arson charges requires a thorough understanding of the law and the specific circumstances of the case. Here are some common defenses used in arson cases:

• Lack of Intent: Arson typically requires the prosecution to prove that the fire was set intentionally. If the defendant can demonstrate that the fire was accidental and not deliberate, this can serve as a strong defense.
• Alibi: Providing evidence that the defendant was not present at the scene of the crime at the time the fire was set can be a compelling defense. Witness testimonies, video footage, or other forms of evidence can support an alibi.
• Mistaken Identity: In some cases, the defendant might argue that they have been wrongly identified as the perpetrator. This defense might involve challenging eyewitness testimony or presenting evidence that another individual was responsible.
• Insufficient Evidence: The defense can argue that the prosecution has not provided enough evidence to prove beyond a reasonable doubt that the defendant committed arson. This might involve challenging the reliability or credibility of the evidence presented.
• Lack of Motive: Demonstrating that the defendant had no motive to commit arson can cast doubt on the prosecution's case. This might involve presenting evidence of the defendant’s character, relationships, and financial situation.
• Duress or Coercion: If the defendant was forced or threatened into committing arson, they might use duress or coercion as a defense. This would involve showing that the defendant had a reasonable fear of harm if they did not comply.
• Mental Incapacity or Insanity: Arguing that the defendant was not mentally capable of understanding the nature or wrongfulness of their actions at the time of the offense can be a defense. This often requires expert testimony from mental health professionals.
• Entrapment: If law enforcement officers induced the defendant to commit arson when they otherwise would not have done so, entrapment can be used as a defense. This requires proving that the idea and encouragement to commit the crime originated with the police.
• Challenging Fire Investigation Techniques: Questioning the methods and conclusions of the fire investigation can be a defense strategy. This might involve hiring independent experts to dispute the findings of the fire marshal or other investigators.
• Consent: In rare cases, if the property owner gave permission to set the fire (such as for a controlled burn or demolition), this can be used as a defense. However, this defense is often limited and heavily scrutinized.

Facing charges for arson? Reach out to our law office at (661) 430-0868 to schedule a complimentary case review with one of our trusted Bakersfield arson attorneys today.