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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.
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:
Beyond prison time, you may have to pay substantial fines and restitution to compensate for property damage or injuries caused by the fire.
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:
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.
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.
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.
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.
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:
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.
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:
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.
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.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
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.
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.
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.
The potential penalties for an arson conviction depend on several factors, including:
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.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
