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Arson

What is Arson?

Arson is a willful act in which a person maliciously burns or causes to burn a property. Arson crimes vary in their seriousness and degree of damage. Any act of maliciously or recklessly burning or charring of a property is pursued as a criminal offense in state of California.

What Are Common Arson Crimes?

Arson and reckless burning is an extensive term and covers all the different types of burning of property, land, forest or boat. However, the common arson offenses are as follow,

Setting one’s own property on fire with fraudulent intent such as to claim insurance money.
Setting a property or land on fire for which you do not own any ownership rights.
Setting fire to forests.
Setting fire to agricultural land.
Setting fire to a public structure
Setting fire to an inhabited property

CA Penal Code 451, 452

The California Penal code 451 and 452 highlighted the arson and reckless burning offense and describe penalties for these offenses.

PC 451: “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.”

PC 452: “A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.”

According to PC 451, 452, both arson and reckless burning are charged as felony and are punishable by law. In both arson and reckless burning cases, there is an important role of intent. What is the intent of the person when setting the property on fire? The arson or reckless burning charges are proven only if the person had malicious intent or recklessly set fire to property or structure.

Investigation of Arson

Arson or reckless burning is investigated by special forensic officers through a range of physical and chemical tests. The investigators collect evidences from the site through physical examination as well as chemical tests to determine the cause of fire and identify the persons of interest. Therefore, the investigation of arson is a highly specialized field with forensic evidences to prove the charges.

If you or your loved one is fighting arson charges, you need immediate help of an experienced and knowledgeable defense lawyer. It is not enough to hire a lawyer with knowledge of laws, but you should hire someone that understand the complexity and nature of the arson or reckless burning case.

At the law office of David S. Chesley, we have a team of former investigators and prosecutors that understand the science and technicalities of an arson case. Our aggressive defense representation focuses on loopholes in the investigation and insufficiency of evidence. We have dealt with hundreds of arson cases in our life as defendants and former prosecutors and our experience reflects itself in our success rate and satisfied clients.

Penalties of Arson Charges

The penalties for ‘malicious’ arson charges are

Setting fire to another’s property: up to 3 years in prison

Setting fire to forest land: up to 6 years in prison

Setting fire to an inhabited structure: up to 8 years in prison

Serious bodily injury as a result of arson: up to 9 years in prison

The penalties for “reckless” charges arson in California can include:

Setting fire to another’s property: up to 1 years in county jail

Setting fire to forest land: up to 3 years in prison

Setting fire to an inhabited structure: up to 4 years in prison

Serious bodily injury as a result of arson: up to 6 years in prison

Enhancement of Arson Charges

California penal code imposes strict penalties for arson charges in the state. Arson penalties can be enhanced from three to five years in presence of following conditions,

Previous record of arson conviction.
Fire caused great bodily injury to an emergency personnel or a firefighter.
If there are more than one victim as a result of fire
You set multiple structures to fire.
You used a device designed to accelerate the fire or delay ignition.

Seek A Professional Legal Representation

If you are facing arson charges, you can immediately consult the law office of David S. Chesley and seek legal representation. Our aggressive approach to defense will help you in successfully fighting the charges.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.