California Penal Code 451 – Arson

Overview

California Penal Code 451 PC makes it a felony to willfully and maliciously set fire to any structure, forest land, or property. Arson is one of the most aggressively prosecuted crimes in California, especially in light of recent wildfires—and it carries harsh prison sentences and strike consequences.

At Jones Trial Attorneys, we take arson allegations seriously and act quickly to challenge the prosecution’s case. From faulty fire investigations to mistaken identity or lack of intent, we know how to build strong defenses for people wrongly accused or overcharged with this high-stakes offense.

Legal Definition

Penal Code § 451 states:

“A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned any structure, forest land, or property.”

There are four degrees based on what was burned and whether someone was injured:

• 451(a): Arson causing great bodily injury

• 451(b): Arson of inhabited structure or property

• 451(c): Arson of a structure or forest land

• 451(d): Arson of personal property

Elements of the Crime

To convict someone under PC 451, the prosecution must prove:

1. You willfully and maliciously set fire to or caused fire to be set to property;

2. The property belonged to someone else (or was insured);

3. The fire was not accidental or lawfully permitted.

Malice means intentionally doing a wrongful act—not necessarily intending harm, but knowing it was wrong.

Penalties for Arson

All PC 451 offenses are felonies, but penalties vary by severity:

• Arson causing great bodily injury (451a):

5, 7, or 9 years in state prison

• Arson of inhabited property (451b):

3, 5, or 8 years in state prison

• Arson of structure or forest land (451c):

2, 4, or 6 years in state prison

• Arson of personal property (451d):

16 months, 2, or 3 years

All forms are strike offenses under California’s Three Strikes Law.

Additional enhancements may apply for:

• Prior arson convictions

• Use of accelerants

• Multiple structures involved

• Hate crime or gang allegations

Defenses to PC 451 Charges

Arson cases often involve flawed fire science, rushed conclusions, or lack of evidence. Common defenses include:

• Accidental fire – You lacked intent or malice

• Mistaken identity – Especially in remote areas or night-time incidents

• Insufficient evidence – Weak or circumstantial fire origin analysis

• False accusations – Common in landlord-tenant disputes, insurance conflicts

• Mental illness or diminished capacity – May reduce the offense to PC 452 (reckless burning)

We work with fire experts, arson investigators, and forensic consultants to dismantle the state’s theory.

Immigration and Employment Consequences

Arson is a crime of moral turpitude and a violent felony, which can lead to:

• Deportation or inadmissibility

• Lifetime firearm ban

• Disqualification from public employment or housing

• Severe restitution obligations

We take a proactive approach to minimize long-term consequences beyond the courtroom.

Related Offenses

• PC 452 – Reckless Burning

Lesser charge for fires caused by negligence or recklessness

• PC 187 – Murder

Charged if a death results from an intentional fire

• PC 602 – Trespassing

Often a secondary charge in arson investigations

How Jones Trial Attorneys Can Help

We know how to handle high-profile, high-stakes cases—and we bring in the right experts to do it. Whether you’re facing an accusation of arson during a domestic dispute, business failure, or community fire event, we’ll fight aggressively to protect your rights and your future.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

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