California criminal charge
Unlawfully causing a fire in California
Unlawfully causing a fire is a criminal offense under California law, defined by Cal. Penal Code § 452. Its classification is not fixed: California assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Cal. Penal Code § 452.
How is unlawfully causing a fire classified in California?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawfully causing a fire causing great bodily injury | Felony | Applies when unlawfully causing a fire causes great bodily injury to a person. | Cal. Penal Code § 452(a) |
| Unlawfully causing a fire of an inhabited structure or inhabited property | Felony | Applies when unlawfully causing a fire causes an inhabited structure or inhabited property to burn. | Cal. Penal Code § 452(b) |
| Unlawfully causing a fire of a structure or forest land | Felony | Applies when unlawfully causing a fire causes a structure or forest land to burn. | Cal. Penal Code § 452(c) |
| Unlawfully causing a fire of property | Misdemeanor | Applies when unlawfully causing a fire of property, excluding burning one's own personal property unless it injures another person or another's structure, forest land, or property. | Cal. Penal Code § 452(d) |
Common questions about unlawfully causing a fire in California
Can unlawfully causing a fire be charged as a felony or a misdemeanor in California?
It depends on the circumstances: unlawfully causing a fire ranges from a misdemeanor to a felony in California under Cal. Penal Code § 452. Offenses chargeable either way are commonly called wobblers; under Cal. Penal Code § 17(b), the prosecutor's charging decision and later court action determine how the offense is treated.
Unlawfully causing a fire causing great bodily injury: felony (Cal. Penal Code § 452(a)) · Unlawfully causing a fire of an inhabited structure or inhabited property: felony (Cal. Penal Code § 452(b)) · Unlawfully causing a fire of a structure or forest land: felony (Cal. Penal Code § 452(c)) · Unlawfully causing a fire of property: misdemeanor (Cal. Penal Code § 452(d))
Which California statute covers unlawfully causing a fire?
Unlawfully causing a fire is governed by Cal. Penal Code § 452.
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.