When do you need an Arson Attorney Fresno?
Malicious arson, Penal Code 451, is when someone sets fire to any building, forest, land, or property willfully and maliciously. Arson even applies when someone sets fire to his or her own property if any of the following are true:
- The property is a building or other type of real estate.
- The property is set on fire to claim insurance.
- The fire causes injury to another person or someone else’s property.
Reckless arson, Penal Code 452, refers to unlawfully setting a fire recklessly. This means that the defendant was aware that his or her actions could cause a fire and those risks were ignored. The actions of the defendant must be far from how a reasonable person would act in the same situation.
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“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
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“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
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Elements of Malicious Arson
In order to be guilty of malicious arson, the defendant has to have set fire or burned a structure, forest land, or property with willfull or malicious intent.
The fire doesn’t have to be completely destructive. Even if only a small area is damaged, it is still malicious arson.
What is a structure?
A structure is any building, bridge, tunnel, power plant, or commercial or public tent.
What is forest land?
Forest land is any brush covered land, cut-over land, forest, woods, or grasslands.
What is property
Property refers to any personal property. This could be a home, boat, bike, or even clothing.
To commit arson willfully means the defendant did it on purpose. Maliciously means the defendant intentionally committed a wrongful act with the intent to defraud, injure, or annoy someone else.
Elements of Reckless Arson
In order to be guilty of reckless arson the defendant has to have set fire to or burned a structure, forest land, or property recklessly.
According to Penal Code 452, recklessly means that the defendant was aware that his or her actions could cause a considerable and inexcusable risk of starting a fire, that risk was ignored, and acting in this way is far from the way a reasonable person would act in the same situation.
Penalties for Malicious Arson
Malicious arson is always a felony in California. The potential penalties depend on what was burned or set on fire, but they generally are punished by time in a California state prison. The potential punishments include:
- Malicious arson of personal property – 16 months, 2 years, or 3 years
- Malicious arson of a structure or forest land – 2, 4, or 6 years
- Malicious arson of an inhabited structure or property – 3, 5, or 8 years
- Arson that causes great bodily injury – 5, 7, or 9 years
In addition to California state prison time, there is a possible fine up to $10,000. There can even be an additional fine of $50,000 or double the amount gained or anticipated to gain from setting the fire if the fire was set for financial gain.
Malicious arson also counts as a strike in California’s Three Stike Law.
Penalties for Reckless Arson
Reckless arson is a wobbler, meaning it can be charged as a misdemeanor. As a misdemeanor the penalties include up to 6 months in a county jail and/or a fine up to $1,000.
Reckless arson can be charged as a misdemeanor or a felony if the property that is burned is a structure or forest land or if it causes great bodily injury. The penalties vary depending on what was burned
- Reckless burning of a structure or forest land – Up to 6 months in a county jail (misdemeanor) or 2 or 3 years in a state prison (felony)
- Reckless burning of an inhabited structure or inhabited property – Up to 1 year in a county jail (misdemeanor) or 2, 3, or 4 years in a state prison (felony)
- Reckless burning causing great bodily injury – Up to 1 year in a county jail (misdemeanor) or 2, 4 or 6 years in a state prison (felony)
Have you been legally accused of committing arson? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an arson attorney in Fresno who understands your situation and the consequences you face.
Your Arson Attorney Fresno
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Crimes such as Gang Crimes, Gun Charges, Domestic Violence, and Kidnapping to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
- Federal Crime 40%
- White Collar Crime 20%
- Violent Crime 20%
- Criminal Defense 10%
- Sex Crimes 10%
I began my legal career in San Diego where I practiced criminal law, civil litigation, and personal injury. After a very successful practice there for 17 years, my family and I moved to Fresno, California, in 1995. Since that time, I have practiced exclusively criminal law. I was the Chief Defense Attorney for a 17 attorney criminal defense law firm that handled 3-4,000 felony cases a year. I left that firm to associate and partner with a very successful criminal law practitioner where I am continuing my commitment help protect the Constitutional rights of my clients.
I estimate that I have conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
I have received many outright Not Guilty verdicts for my clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found my clients Not Guilty in four separate cases in a row. I have handled all kinds of criminal and related criminal proceedings, from violation of probation and parole hearings, DMV hearings, writs & appeals, and many other types of proceedings in the criminal process.
I have practiced all over California, in both state and Federal Court. I am qualified as a death penalty lawyer and am on the special circumstances/death penalty panel of attorneys in Fresno, California, where I am regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court. One of my greatest pleasures over my long career has been to teach and train young lawyers and law students. Most of them have gone on to be successful lawyers in their own right, and have triumphantly represented their own clients in an honest and professional way.
Community Involvement & Family
I have been involved in many community organizations, taught classes at the local law school, been a Mock Trial Attorney Judge and team coach, served as Judge Pro-Tempore for the Fresno County Superior Court, given many seminars to other attorneys, and started an organization for criminal defense lawyers to share useful information among themselves. Above all, I enjoy helping reunite my clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them. This is particularly true where alcohol or substance abuse issues have ripped formerly close and loving families apart.
I have saved the many letters of appreciation from clients and their families to whom I have been fortunate enough to have been of service. It is most gratifying for me to see them get back together, overcome their difficulties and live happy and fulfilled lives. Helping people is, after all, what being a good lawyer is all about. I like going to football and baseball games, fishing, surfing, and going to Hawaii where I can get caught up on my reading list and swim in the warm waters of the Pacific. I love sharing the lives of my two children, two grandchildren and spending time with Andrea, my wife of over 30 years.