Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime?
Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to some type of structure, vehicle, or forest land. By contrast, you could face aggravated arson charges if you commit arson and either:
Most jurisdictions treat both arson and aggravated arson as serious felonies (as opposed to misdemeanors). If you are convicted of aggravated arson, though, instead of simple arson, you will typically receive a longer prison sentence.
The legal definition of “arson” is the intentional setting fire to any:
Some states break the crime down into different degrees depending on the type of property that you set fire to.
For example, the varying degrees in arson cases could include:
Most states treat simple arson as a serious felony, punishable by several years in state prison. Note, though, that some states say that simple arson could result in less severe misdemeanor charges depending on the facts of the case.3
In general, you commit aggravated arson if you:
Some states also say you commit aggravated arson if you commit arson and either:
As with simple arson, aggravated arson will result in felony charges. Since the crime is more severe than simple arson, you could face a longer prison sentence with an aggravated arson conviction.
They may. If certain aggravating factors are present in a case, they could lead a prosecutor to file an aggravated arson charge rather than a simple arson charge.
For example, the State of California says you are guilty of aggravated arson if one or more of the following aggravating factors exists:
Not necessarily. Many arson cases arise when people burn their personal property (often real property) in order to collect on insurance.
The mere act of burring your own property, on its own, will not elevate an arson case to aggravated arson. However, if you commit the act with an intent to defraud, then it may lead to the additional charge of insurance fraud.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.