Arson | Penal Code § 451

Description

The crime of Arson is the willful and malicious setting of a fire; or to cause the burning of any structure, forest land or property. Arson is a general intent crime and considers whether or not the accused was aware of facts that would lead a reasonable person to understand that his or her actions would cause a fire. Some examples of Arson are throwing a burning cigarette into dry grass or setting fire to a business to collect insurance money or setting a fire to another’s property as an act of revenge.

What does the prosecutor have to prove?

1. The defendant set fire to, burned, caused to be burned or aided, counseled, or procured the burning of an inhabited structure or inhabited property.
2. The defendant did so willfully and maliciously.
3. In doing so, the defendant caused an inhabited structure or inhabited property to burn. [Cal Crim No. 1502]

Punishment

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	Yes
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No