Arson Lawyer in Santa Ana

Arson is considered a felony in California, which means that conviction can carry life-long consequences. It is necessary to work with the best defense lawyer in Orange County to avoid these potential far-reaching impacts.

The Law Office of Sheny Gutierrez provides unmatched legal representation to clients facing arson charges in Orange County, and we offer free consultations to discuss the details of your case.

Arson Charges and California Law

California Penal Code Section 451 defines arson as intentionally and maliciously setting fire to, burning, or helping to burn a building, structure, forest land, or property. It does not matter if the building is occupied. It does not matter if no one was injured.

You may even be charged with arson for starting a fire in or on your own property if subsequent damage occurred to other property or if someone was injured.

Arson is a separate offense from reckless burning, which is defined in California Penal Code Section 452. If you recklessly set fire to a structure, forest land, or property, you may be charged with reckless burning instead of arson. There are slight but meaningful differences, which is why having a skilled arson defense lawyer is beneficial.

Orange County Criminal Defense Lawyer

Facing criminal charges alone is a frightening prospect. Our experienced attorney will guide you through the legal process to ensure you understand the charges against you and know what to expect going forward in your case. Depending on the severity of the arson case, including the extent of the property damage and whether you maliciously set fire to the property, you may be facing time in county jail or state prison.

Building a solid defense against arson charges starts with understanding your circumstances and the details of your case. We will create a strong defensive strategy that can include any number of the following:

The burning was not intentional
The fire was started by something other than arson
There was no intention to commit insurance fraud by burning personal property

Your attorney may be able to prove that the fire was started by faulty wiring, lightning, smoking, or some other outside force. Other common defenses include being falsely accused or showing the police obtained evidence illegally.

Creating as strong of a defense as possible is crucial because arson is punishable by up to nine years in prison, along with fines and a criminal record.

Penalties for Arson in Orange County

The type of property burned and the existence of injured victims weigh heavily on the punishments entered in arson cases.

Willful and malicious burning involving personal property can result in a prison sentence of between 16 months and 3 years.

Arson involving forest land or property can bring up to six years of imprisonment.

Setting fire to an inhabited building may result in up to eight years in prison.

In cases where great bodily injury occurred, the sentence can be as much as 9 years.

You can face charges of aggravated arson if you have been convicted of arson previously, the fire caused losses over $8.3 million, or if the fire damaged at least five inhabited buildings. Aggravated arson is a felony punishable by up to life in prison.

Why You Should Work with an Arson Lawyer in Santa Ana

California takes arson very seriously. There is a risk that even a single spark will create an uncontrolled wildfire that devastates entire regions of the state. When fires are set intentionally, this act can appear as a disregard for the safety of neighborhoods of people, thousands of wild animals, hundreds of acres of land, and millions of dollars of property.

Your defense attorney can reframe your case in an attempt to minimize the consequences and limit the impact an arson charge can have on your life. Sheny Gutierrez excels at creating individualized strategies for each of his clients based on their unique circumstances. No two clients or cases are the same, and we take the time to ensure that you are heard and given the time your case needs.

Long-Term Consequences of an Arson Conviction

Non-citizens will be permanently affected by an arson conviction because immigration law labels this type of crime as a deportable and inadmissible crime. Immigrants will likely face deportation and may not be able to return to the United States.

State law prohibits felons from owning or purchasing guns, so an arson conviction means that you will no longer be able to legally possess a firearm.

Felony convictions, in general, present numerous hurdles in people’s day-to-day lives. Employment is more difficult to obtain, educational opportunities can be limited, and an already difficult housing market becomes more challenging for felons.

Experienced Criminal Defense Attorney Working for Your Best Interests

You may be able to request your record be expunged if you meet the criteria. You must have completed probation or your jail term. Not everyone convicted of arson is eligible for expungement, so speak with your attorney about this process and whether you qualify.

The Law Office of Sheny Gutierrez offers free consultations, so contact us today to discuss your case.