What to Expect if You’re Charged with Arson in San Francisco

What to Expect if You’re Charged with Arson in San Francisco

Being charged with arson can be an incredibly scary and overwhelming experience. As someone who’s been charged with arson in San Francisco, I wanted to write this article to help prepare others for what to expect, and provide some hope.

First off, take a deep breath. I know it feels like your world is crashing down. But you’re not alone in this. And with the right legal help, these charges don’t have to ruin your life.

The Arrest

If police suspect you of arson, they can arrest you on the spot. Most likely, they’ll take you down to the station for booking. They’ll fingerprint you, photograph you, and record all your information. You’ll also be subject to a search. Try to stay calm and don’t say anything until you have a lawyer present.

In most cases, you’ll be able to bail out after booking. But bail can be set extremely high for arson charges. Be prepared for the possibility that you may need to stay in jail until your trial.

The Charges

There are several specific arson-related charges you may face under California Penal Code Section 451:

• Arson of an inhabited structure or property
• Arson causing great bodily injury
• Arson of a structure or forest land
• Reckless arson of an inhabited structure or property

Arson of an inhabited structure is the most serious charge, carrying 3, 5, or 8 years in state prison. Arson with great bodily injury adds an additional 3, 4, or 5 years. Even the lowest level arson charges can result in up to 3 years imprisonment.

Your First Court Appearance

Within a few days of your arrest, you’ll be required to appear before a judge for arraignment. This is where you’ll hear the official charges against you. If you don’t already have a lawyer, the judge will ask if you want to hire your own or have a public defender appointed.

My advice? Hire your own criminal defense lawyer if at all possible. An experienced attorney who specializes in arson cases will be your best asset. The public defender’s office is overloaded–you need someone solely focused on your case.

At the arraignment, you’ll be asked to enter a plea of guilty, not guilty, or no contest. Nearly always, it’s best to plead not guilty at this stage. Entering a guilty plea means giving up important rights and options down the road.

Making Bail

After the arraignment, the judge will decide whether to release you on bail while you await trial. With arson charges, bail is usually set extremely high–sometimes in the hundreds of thousands. You’ll need to work with a bail bonds company and pay about 10% of the total bail amount.

If you can’t afford to pay bail, you may be able to get the amount reduced by showing financial hardship. But there’s a good chance you’ll need to stay in jail until your trial. This is why it’s critical to have a lawyer arguing on your behalf before the bail hearing.

Building Your Defense

Once released, your attorney’s top priority will be preparing your defense for trial. This is where their experience with arson cases becomes crucial. Here are some of the most common arson defenses they may use:

• You didn’t commit the arson – Perhaps you have an alibi or there’s no evidence actually linking you to the crime. Mistaken identity is also a possibility.
• The fire was an accident – Many building fires start accidentally. Your lawyer may argue there’s reasonable doubt it was intentionally set.
• Diminished mental capacity – If you were under mental duress or extremely intoxicated, it may be argued you weren’t able to form criminal intent.
• Duress – You may have been coerced or threatened into committing the arson against your will.

Your attorney will interview witnesses, consult fire experts, and scrutinize all the evidence to build the strongest case. You’ll also need to work closely with them to provide alibis, explanations, and anything else that could help your case.

Your Trial

If no plea deal is reached, your case will go to trial before a judge or jury. Your lawyer will work hard to get charges dismissed before this stage. But if it does go to trial, they’ll fight to highlight all reasonable doubt in the prosecution’s case.

You’ll want to have an attorney well-versed in trial litigation, who can effectively cross-examine witnesses. Character witnesses can also be called to testify to your good nature. And you may choose to take the stand yourself to explain your side of things.

If convicted, you’ll proceed to sentencing. But if acquitted, you’ll finally be able to move on from this nightmare.

Sentencing

If found guilty, the judge will impose a sentence based on state guidelines and the circumstances of your case. As mentioned earlier, even the lowest level arson charges carry potential prison time. And sentences escalate sharply for arson of inhabited buildings or with injury/death.

However, first-time offenders often receive probation rather than imprisonment. Your lawyer will fight for the lightest sentence through arguments about your character, family obligations, employment, and more. They may also request the judge allow you to enter a rehab program as part of probation.

Dealing with the Emotional Impact

Being charged with any crime is frightening and destabilizing. Something as serious as arson can leave you feeling depressed, anxious, and overwhelmed with shame or anger.

It’s important during this time to stay connected with loved ones who support you. Consider also speaking with a therapist or counselor. Having a professional help you process emotions and stress can make a big difference.

Also, take things one step at a time. Don’t let your mind race too far ahead or catastrophize before getting through the legal process. Just focus on what you need to do right now – whether it’s finding a lawyer, making bail, or preparing your defense.