Southern California Defense Blog

Arson charges in California are prosecuted pursuant to Penal Code Section 451. The critical elements of the crime of arson are:

(1) Did the defendant set fire to or burned (or counseled, helped or cause the burning of) a structure, forest, land or property?
(2) Did he or she act willfully and maliciously?

Arson is an extremely serious crime, with severe penalties under California arson law. California Penal Code 451 forbids intentionally or maliciously setting fire to a structure, land or any type of property. California Penal Code 452 also forbids reckless burning, which is defined as unlawfully causing a fire. The latter is the less severe of the two, and requires that prosecutors prove that you set fire to something and that you did so recklessly. In that case, it does not matter what your intention was, only that you knew a potential risk existed and you ignored that risk when you did it.

To fully understand the differences between each arson charge, it is important to call a Southern California arson attorney at Wallin and Klarich today. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. Call us today at 888-280-6839 or visit us online at www.wklaw.com. With offices located throughout Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties, we will be there for you when you call.

On August 15, 2012 Mr. Rickie Lee Fowler - the man who was accused of starting a fire in San Bernardino that led to 5 people to die from heart attacks - was convicted of five counts of first degree murder (PC 187) and two counts of arson (PC 451), and he faces the possibility of being sentenced to the death penalty in California. In addition, the death penalty phase of Mr. Folwer’s trial starts Monday, August 20, 2012.

This case is a tragedy for all concerned. We feel for the victims and their families, for they clearly have suffered.
However, this case is a clear example of why the death penalty must be abolished in California.

We have been San Bernardino homicide lawyers for over 30 years, and we have never seen a case where someone who lights a match is awaiting to be put to death.

How can any reasonable person believe that the defendant could have intended when he lit the match that these 5 men would die of heart attacks? Of course the defendant should be severely punished. However, to put this man to death is outrageous and barbaric, and the punishment of death clearly does not fit this crime.

Let us all pray that the jury refuses to return a punishment of death in this very sad case.

The San Bernardino homicide defense lawyers at Wallin & Klarich have over 30 years of experience defending clients facing murder charges in Southern California. If you or a loved one has been arrested for murder in San Bernardino, Riverside, Orange, or Los Angeles Counties, please call us at 888-280-6839. We’ll be there when you call.

In California, arson is considered a particularly heinous crime, especially during the summer when wildfires grab national headlines every year. Arson is a complicated matter with varying levels of severity in punishments for each case. There are many factors to consider, including the circumstances of the accused and the type of damage caused. It is important to be thorough and know the procedures regarding arson cases.

In California, arson is defined as the willful and malicious burning of a structure, forest, or land. In many arson cases, our law firm can successfully defend the case by being able to show that the accused did not act maliciously or willfully to set the fire. The start of many fires can be disputed and often can be caused by neglectful actions or by pure accident. The accused may lack specific intent to actually start a fire, cause the fire by accident, or be intoxicated. These defenses may be available to you, but you must consult with an attorney to review your case.

A defendant can be charged with either simple arson or aggravated arson. Simple arson will be charged when a defendant willfully and maliciously set fire to or burned a structure, forest, land, or property.

Aggravated arson will be charged if the defendant willfully and maliciously set fire to or burned a structure with the intent on injuring someone, or to damage property which would likely injure someone. Also, the fire must have caused a damage exceeding $5,650,000, or the fire damaged or destroyed five or more inhabited structures.

Continue reading "What You Need to Know about Arson and How it Can Affect You - California Penal Code Section 451" »

Babatunsin Olukunle has been arrested for setting a fire in the Angeles National Forest near where the Station Fire originated. Los Angeles County Sheriff’s Lieutenant Liam Gallagher stated they are now also investigating into whether Olukenle has any connections to the Station Fire that was started 6 days later.

Olukunle was seen by two Forest Service Officers setting a smaller fire six miles from where the Station Fire was started, however, he escaped while they worked to extinguish the blaze. There had also been reports that Olukunle had been known to roam that area in the months prior to the Station Fire. Olukunle, who is a Nigerian national, has pleaded not guilty to the felony charge of setting a fire on U.S. Forest Service Land.

Continue reading "Los Angeles County Sheriff Announces a Possible Suspect in Station Fire Arson Case" »