Arson
Arson Attorney in Santa Ana
Accusations of Arson Can Ignite Life-Changing Consequences.
Being accused of setting a fire — even accidentally — can lead to devastating criminal and social fallout. California treats arson as a violent felony, and prosecutors often pursue maximum penalties due to public safety concerns. At Glew & Kim, we know that not every fire is a crime. Faulty wiring, accidents, and insurance misunderstandings can all lead to wrongful accusations. Our team works fast to uncover the facts, protect your rights, and prevent false assumptions from turning into convictions.
How California Defines Arson
Under California Penal Code §451 and §452, arson involves willfully and maliciously setting fire to property, land, or structures. There’s also a lesser charge of reckless burning, where intent isn’t proven but negligence is alleged.
Arson charges typically fall into these categories:
Arson of property – burning personal or real property.
Arson of a structure or forest land – includes homes, businesses, or wildland.
Arson causing injury – when another person is harmed.
Aggravated arson – involving prior convictions, multiple structures, or extensive damage.
Even an accusation can trigger investigation by local fire marshals and insurance fraud units before charges are filed.
Penalties and Enhancements for Arson
The consequences depend heavily on the nature and extent of the fire:
Reckless burning: Misdemeanor or felony, up to 3 years in state prison.
Malicious arson of property: 2 to 6 years in prison.
Arson of inhabited structure: 3 to 8 years.
Arson causing injury: 5 to 9 years or more.
Aggravated arson: 10 years to life.
Additional penalties can apply for multiple victims, prior arson convictions, or fires set for financial gain (insurance fraud). Judges also have discretion to add restitution, probation restrictions, and mandatory counseling.
Defending Against Arson Allegations
Arson cases often hinge on circumstantial or flawed forensic evidence. Our attorneys work closely with fire experts and investigators to challenge assumptions and find alternative explanations.
Our defense strategy may involve:
Examining origin reports for scientific inconsistencies or human error.
Identifying accidental causes such as electrical faults or natural ignition.
Challenging “intent” when the prosecution relies on motive instead of proof.
Disputing insurance or financial evidence linking you to the incident.
Highlighting investigative bias from fire inspectors or neighbors.
We also emphasize rehabilitation and risk mitigation to reduce penalties or qualify for alternative sentencing programs when appropriate.
Investigations, Evidence, and Forensic Challenges
Modern arson cases often involve detailed fire pattern analysis, accelerant testing, and insurance claim review. However, fire science isn’t always perfect — and older investigative techniques have led to wrongful convictions.
Our firm partners with certified fire investigators and forensic chemists to:
Reconstruct the fire scene accurately.
Identify errors in cause-and-origin findings.
Expose overreliance on unreliable visual indicators like “burn patterns” or “V-shapes.”
Demonstrate that evidence was mishandled, contaminated, or inconclusive.
By dismantling flawed assumptions, we create the reasonable doubt your case deserves.
What Happens If You’re Under Investigation for Arson
If you’ve been contacted by detectives, fire marshals, or insurance investigators:
Do not make statements or sign documents without legal counsel.
Do document all correspondence and inspection requests.
Do not discuss your insurance claim until your attorney reviews it.
Do contact Glew & Kim immediately for confidential guidance.
Learn more about how our team handles complex investigations on our Criminal Defense Services page, where early involvement can often prevent charges before they’re filed.
Frequently Asked Questions
Is arson always a felony?
Yes. All forms of malicious arson are felonies in California, though reckless burning may be charged as a misdemeanor.
Can I be charged even if the fire was accidental?
Yes — but the difference between reckless and intentional burning often decides whether you face jail or probation.
Will an arson conviction affect future employment?
Absolutely. It’s considered a violent felony and a “strike” under California’s Three Strikes law, which can follow you for life.
Protect Your Freedom Before It’s Too Late
Arson cases move quickly and often involve complex forensic claims that demand expert-level defense. Don’t wait until you’re formally charged — acting now can drastically change the outcome. Speak with an experienced criminal defense attorney at Glew & Kim today to protect your freedom, your future, and your reputation before the flames spread beyond control.
